W4 - Bailment

Question 1

What is a bailment? Give an example

Answer 1

Bailments are property relationships for chattels wherein one person has title, and another person has possession of property
Ex. Clothing at a dry cleaners

Question 2

Can bailments occur by accident?

Answer 2

Yes. Ex. lost objects

Question 3

What are the rights and obligations of a bailment?

Answer 3

bailees are generally held liable only on the basis of fault, and varying levles of care are expected in proportion to the nature of the bailment
When bailments are for the sole benefit of the bailee (ex. A car rental) that infers a higher level of care

Question 4

Can a bailment be non-consensual?

Answer 4

No

Question 5

What is the difference between a contract and gratuitous bailment?

Answer 5

Contracts have payment, gratuitous gifts do not

Question 6

Give examples of a bailment situation

Answer 6

Valet, bank, dry cleaners

Question 7

In bailment cases, who bears the burden of proof?

Answer 7

The bailor, the bailee must rebut the presumption of negligence

Question 8

What must bailee do to avoid liability?

Answer 8

Bailee must show that the bailment was up to the standards f the law, or that the failings were not connected to the loss

Question 9

Can a bailee pass their duties off to another bailee?

Answer 9

Only if either implicitly or expressly allowed by the terms of the bailment agreement