Rights of bailor returned property have bailee use

Rights of bailor – returned property, have bailee use due care in
protecting property and use property in conformity with terms of
contract

• Duties of bailor
o Negligence – 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
bailments
o Warranty and strict liability – implied warranty and strict
products liability theories hold bailors more accountable for
defects in items
o Bailor’s disclaimer – same as bailee exculpatory clause
 Special bailments – involve common carriers, warehouse companies, and
innkeepers
• Common carrier – licensed by state or federal government to provide
transportation services to general public
o Obligation to transport
o Bills of lading – serves as both contract of bailment and
document of title
o Strict 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)
o Limits to liability
• Warehouse companies – business of storing other people’s property for
compensation
o Only liable for negligence
o Limits to liability
o Issues receipt
o Subject 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)

CASES
Soldano 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 appeal
Yahoo! 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
collide
Pisciotta 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
•