Week 10 - AEM 3200 Week 10 Bailment 1. Bailment a) Bailment...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
AEM 3200 Week 10 – Bailment – 1. Bailment a) Bailment are the temporary transfer of possession of personal property without transfer of title i. Bailment most often are created by contracts b) The bailor makes the transfer c) The bailee receives possession 2) Classification of Bailment a) For bailor’s sole benefit: 1. Example: You are going to study abroad, you ask your neighbor to look after your car by driving it occasionally b) For bailee’s sole benefit: i. example: you borrow your neighbor’s car to run errands ( ) c) For mutual benefit: i. Example: You leave your car in parking garage 3) 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 dealing of the parties). d) Acceptance by bailee e) Restoration of possession to bailor – you expect your possession back (you own car not someone else’s). Exception to this rule with interchangeable goods. f) See Cintron v. Santiago case – 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 she can’t find it to return it to him. 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)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/03/2009 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell.

Page1 / 4

Week 10 - AEM 3200 Week 10 Bailment 1. Bailment a) Bailment...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online