Rights of bailor – returned property, have bailee use due care in protecting property and use property in conformity with terms of contract
•Duties of bailoroNegligence – can’t knowingly deliver property containing a hidden defect that is likely to cause injury; must notify any defect about which bailor has actual knowledge; may also be liable for defects should have known in mutual benefit bailmentsoWarranty and strict liability – implied warranty and strict products liability theories hold bailors more accountable for defects in itemsoBailor’s disclaimer – same as bailee exculpatory clauseSpecial bailments – involve common carriers, warehouse companies, and innkeepers•Common carrier – licensed by state or federal government to provide transportation services to general publicoObligation to transportoBills of lading – serves as both contract of bailment and document of titleoStrict liability – carrier absolutely liable unless damage done by act of God, act of a public enemy, act of a public authority, act of the shipper, or inherent nature of goods (perishable foods); in other words, may still be liable though not directly at fault (even if damaged goods not due to negligence)oLimits to liability•Warehouse companies – business of storing other people’s property for compensationoOnly liable for negligenceoLimits to liabilityoIssues receiptoSubject to more extensive regulation than ordinary bailees•Innkeepers – not liable for goods left in rooms because no knowledge of specific goods and no exclusive possession (guests allowed to move items from room without notification)
CASESSoldano v. O’Daniels•Summary: man pulls a gun on Soldano at a bar; another bar patron runs across street to inn to and asks bartender to call police; bartender says no; Soldano dies, family sues inn•Court proceeding: trial judge dismissed claim; appellate court reverses•POINT: if lose at trial stage can appealYahoo! vs. La Ligue Contre Le Racisme et L’Antisemitisme•Summary : Yahoo offers auction site; French nonprofit org. dedicated to eliminating anti-Semitisms sends cease and desist letter to company saying sale of Nazi and Third Reich goods violate French law; Yahoo refused; French court fines €100K a day; Yahoo files suit in CA•Court proceeding: court order declaration that First Amendment precludes (prevents the presence) enforcement of French order in U.S.•POINT: illustrates complications that can arise when technological and global forces collidePisciotta v. Old National bank, Inc.•Summary: ONB got hacked, Pisciotta and Mills sought damages to cover costs of past and future credit monitoring services that they have obtained in response to the compromise of their personal data, defendants filed motions to dismiss bc complaint didn’t state a legally recognized claim, district court dismissed, plaintiffs appealed only against ONB•
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