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CHAPTER 16 Bailments

CHAPTER 16 Bailments. 16-1 Bailments 16-2 Bailor and Bailee Duties. 16-1 Bailments. GOALS Discuss the ways in which bailments are created and ended Identify common real-life bailments. FOCUS. What is a bailment and have you been involved in one? Leave your car with a valet service

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CHAPTER 16 Bailments

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  1. CHAPTER 16Bailments 16-1 Bailments 16-2 Bailor and Bailee Duties

  2. 16-1 Bailments GOALS • Discuss the ways in which bailments are created and ended • Identify common real-life bailments Chapter 16

  3. FOCUS • What is a bailment and have you been involved in one? • Leave your car with a valet service • Dry cleaning goods • Pet at the vet • Jewelry repair • Shoe repair Chapter 16

  4. HOW ARE BAILMENTS CREATED AND ENDED? • Transfer of possession and control • Possession- 2 types • 1.actual=parties exchange goods 2. constructive-get the keys the car • Control • Example: go to the prom and leave your car with a valet service. • Disposition of the goods • Goods returned to bailor • Goods delivered to another party-UPS FEDex • What are fungible goods-like gas? Chapter 16

  5. What are the three ways in which bailments are ended? Time agreed has elapsed Purpose has been achieve Parties mutually agree to end it. Death, insanity, bankruptcy Chapter 16

  6. COMMON EXAMPLES OF BAILMENTS • Bailments for transport- common carrier, charge a demurrage or fee and have a carrier’s lien until transport is paid • Bailments for hire- tool rental, car rental • Bailments for services-lawn mower repair • Bailments for sale- consignment shops Chapter 16

  7. 16-2 Bailor and Bailee Duties GOALS • Describe the duties owed by the bailee in a bailment • State the bailor’s duties in a bailment Chapter 16

  8. Characteristics of bailment Levels of care FOCUS • The subject is tangible personal property • The bailor transfers temporary possession to the bailee • The bailor transfers temporary control to the bailee • The goods must be returned to the bailor or to someone the bailor specifies • Extraordinary –bailee is strictly liable for any damage loss or injury • Ordinary- mutual benefit bailment- bailee is liable if negligent. • Minimal- involuntary bailment, you find your neighbors dog, watch, etc. Chapter 16

  9. DUTIES OWED BY THE BAILEE IN A BAILMENT • Duty to care for the property • Modification of the level of care • Modification by legislation- passengers luggage- limit loss for airlines • Modification by contract • Modification by disclaimer-auto garage, not liable for things left in car. • Duty to return the goods if paid, if not create a bailee’s lien and hold onto the goods till paid. Chapter 16

  10. Name the three levels of care owed bailed goods. Extraordinary Ordinary minimal Chapter 16

  11. WHAT DUTIES ARE OWED BY THE BAILOR IN A BAILMENT? • Mutual-benefit bailments- goods fit for the intended purpose • Bailments for the sole benefit of bailor- minimal care required • Bailments for the sole benefit of bailee- bailee must take extraordinary care. Chapter 16

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