Assignment 4 LGST 369 SanJoseJennifer.docx - Assignment 4...

Assignment 4
Jennifer San Jose
Case Study A
Elemi owns and operates a restaurant. During winter months, it is inappropriate for the diners to bring
their coats with them to their table. Eleni provides a place for coats to be placed or hung.
1. Provides definition of bailment.
Bailment occurs when one person temporarily gives up possession of property with the
expectation of getting it back. (textbook Managing the Law page 397)
Bailment is a legal relationship in common law, where the owner transfers physical possession of
personal property (“chattel”) for a time but retains ownership. The owner giving up custody is
the “bailor” and person who takes is “bailee”. The bailee holds the property in trust for a specific
purpose and delivers the property back to the bailor when the purpose is accomplished.
(en.m.wikipedia.org)
2. Identifies other type of legal arrangement which may apply to the scenario and provides a
definition to it.
Licence is permission to do something that would otherwise be wrongful. (Managing the Law
textbook pg. 398)
License, in property law, permission to enter or use the property of another (Britannica .com).
Customers are entitled to use the coat rack while dining but did not give control or possession to
the restaurant. If the restaurant places a sign that customers can “used the rack at their own
risk” then you are giving them a license to use it but limits your liability to them.
3. Identifies the factual elements which must be present in a bailment arrangement .