Chapter 10 - Shawnae Cristobal Legal Aspects of the...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz March 25, 2010 Chapter 10: Legality, Consent, and Writing (1,5,6,7,8) 1. The court found that the attempt by the bailee to relieve itself from responsibility was contrary to public policy although the court did recognize that there could be situations where a bailee could have such exculpatory provisions enforced: As a general rule, in an ordinary mutual benefit bailment, where there is no great disparity of bargaining power, the bailee may relieve himself from the liability imposed upon him by common law so long as the provisions of the contract do not run counter to the public interest. The Brockwell court was following the modern trend in such cases of bailment that where a bailee makes it his business to act as bailee for hire on a uniform basis, it is against public policy to permit him to exculpate himself from his own negligence. Attempts by bailee engaged in the business of parking lots, garages, parcel check rooms, and warehouses to
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This note was uploaded on 04/13/2010 for the course BUSINESS 15643 taught by Professor Schilz during the Spring '10 term at École Normale Supérieure.

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Chapter 10 - Shawnae Cristobal Legal Aspects of the...

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