1. Rightful possession 2. Of personal property 3. By some who is not the true owner.
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Transcript of 1. Rightful possession 2. Of personal property 3. By some who is not the true owner.
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Happy Lunar New Year!
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Bailments
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Bailment Defined
1. Rightful possession
2. Of personal property
3. By some who is not the true owner
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Bailment Parties
Bailor: True owner, or Prior possessor.
Bailee: In rightful possession but without
ownership.
Thus, “finding” creates a bailment with the finder being the bailee for the true owner.
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Sole Benefit of Bailor (owner)
Examples: ______________ ______________
Standard of Care: Slight care Only liable for gross negligence
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Sole Benefit of Bailee (possessor)
Examples: ______________ ______________
Standard of Care: High care Liable even if slight negligence Not strict liability
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Mutual Benefit
Examples: ______________ ______________
Standard of Care: Ordinary care Reasonably prudent person Under same or similar
circumstances
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Modern Trend
Duty of care the same for all types of bailments based on traditional mutual benefit standard.
Ohio retains traditional distinction.
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Source of Duties
1. Express agreement Contract between bailor and bailee.
2. Implied agreement e.g., duty of a finder
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Allen v. Hyatt Regency
Previously, the Hyatt Regency-Nashville
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Is Les Miller out of luck?
The Blue Lot
1992 Chevy Silverado
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Other bailment issues
Liability for contents of bailed items
Misdelivery as conversion?