Legal Environment of Business

Dr. John Dehrer-Wendt

Bailments Notes

I. BAILMENTS

A. Essentials

1. Delivery of Possession, but not Title

2. Personal Property

3. Under Agreement that the recipient will later return the property or dispose of it in some specified manner

B. Differences between Sales and Bailments

C. Bailee's (Receiver's) Duty of Care

1. Sole Benefit to Bailor (Transferor/Sender)

2. Mutual Benefit

3. Sole Benefit to Bailee

4. Local Statutes (M.S.A. 327.01 Hotel's Liability)

5. Bailment Contracts

6. Modern Trend

D. Special Bailments

1. Hotel Keepers

2. Common Carriers

a. Act of God

b. Act of Public Enemy

c. Act of State or Public Authority

d. Act of Shipper/Senders Themselves

e. Inherent Nature of Goods

3. Parking Lots

4. Restaurants

5. Safe Deposit Boxes

E. Limitations on Liability

1. Federal Limitations (Carmack Amendment)

2. State Limitations (M.S.A. Chap. 218)

3. Private Bailment Contracts

a. Quasi-Public (Hotels, Garages, Public Parking Lots)

b. Private Bailees -- Notice on Tickets Stubs/Signs

 

-30-

Index of Class Notes

Table of Cases

MBLW 600

Home