Aem 320Week 10 - Week 10 Lecture 1 of 2 Lecture Date Monday...

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Week 10 Lecture 1 of 2 Lecture Date: Monday, October 29 th , 2007 I. Bailments A. A temporary transfer of possession of personal property without transfer of title. 1. Bailments are most often are created by contracts. B. Bailor makes the transfer. C. Bailee receives possession. II. Classification of Bailments D. For bailor’s sole benefit: 1. Ex: You are going to study abroad. You ask your neighbor to look after your car by driving it occasionally. E. For bailee’s sole benefit: 1. Ex: You borrow your neighbor’s car to run errands. F. For mutual benefit: 1. Ex: You leave your car in a parking garage at a baseball game for a small fee. G. See Hadfield v. Gilchrist , Case 49-3 at 1021: Hadfield’s wife parked Hadfield’s car on private property. The owner of that property calls Gilchrist’s towing service to tow it. Hadfield comes looking for the car and by the time he realizes it is in Gilchrist’s possession, he has to wait overnight to get it back. His car gets vandalized badly that night; it never really functions again. What kind of bailment exists here? What duty is owed? The type of bailment involved will determine the duty of care owed to the plaintiff. The court finds constructive bailment for mutual benefit that dictates reasonable duty of care. Were adequate security measures were taken by the owner of the lot? II. Essential Elements A. Delivery of possession. B. Personal property. C. Possession but not ownership for determinable period of time (sometimes time is determined by previous dealings of the parties). D. Acceptance by bailee. E. Restoration of possession to bailor- you expect your possession back (your own car not someone else’s). The exception to this rule is with interchangeable goods F. See Clinton v. Santiago case at 116 – A relationship between a man and a woman goes awry and the man moves out. He leaves a very expensive watch at the woman’s place and loses it. What duty does she owe him? The court sees the woman as a bailee because the woman knew of the watch and there was transfer of property but not ownership. As a matter of law, when the bailment is created, as soon as possession of the property is not returned to the bailor there is a presumption of breach of duty by the bailee. Court also ruled that the man proved the value of watch and the woman must be held liable for that amount. G. Ex: Bob rents an apartment building and a parking space. Bob’s car is stolen from the apartment building and Bob now wants to sue the owner of the parking garage
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(his landlord). Main Question here: Was there a transfer of possession? Courts will sometimes ask whether “Bob” simply paid money to park his car in the garage or if he also gave his keys to the garage attendant. 1. General rule at common law: If a bad act (criminal act) is committed by a third party on the property of a tenant, a landlord will not be liable.
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  • Fall '07
  • GROSSMAN,D.
  • Possession

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