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Happy Lunar New Year!
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Happy Lunar New Year!. Bailments. Bailment Defined. 1. Rightful possession 2. Of personal property 3. By some who is not the true owner. Bailment Parties. Bailor : True owner, or Prior possessor. Bailee : In rightful possession but without ownership.
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Bailment Defined • 1. Rightful possession • 2. Of personal property • 3. By some who is not the true owner
Bailment Parties • Bailor: • True owner, or • Prior possessor. • Bailee: • In rightful possession but without ownership. • Thus, “finding” creates a bailment with the finder being the bailee for the true owner.
Sole Benefit of Bailor (owner) • Examples: • ______________ • ______________ • Standard of Care: • Slight care • Only liable for gross negligence
Sole Benefit of Bailee (possessor) • Examples: • ______________ • ______________ • Standard of Care: • High care • Liable even if slight negligence • Not strict liability
Mutual Benefit • Examples: • ______________ • ______________ • Standard of Care: • Ordinary care • Reasonably prudent person • Under same or similar circumstances
Modern Trend • Duty of care the same for all types of bailments based on traditional mutual benefit standard. • Ohio retains traditional distinction.
Source of Duties • 1. Express agreement • Contract between bailor and bailee. • 2. Implied agreement • e.g., duty of a finder
Allen v. Hyatt Regency Previously, the Hyatt Regency-Nashville
Is Les Miller out of luck? The Blue Lot 1992 Chevy Silverado
Other bailment issues • Liability for contents of bailed items • Misdelivery as conversion?