Section 8.2 Bailments.

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Presentation transcript:

Section 8.2 Bailments

Section 8.2 Bailments A bailment is the temporary transfer of possession and control of personal property to another.

The person who transfers the property is the bailor. Section 8.2 Bailments The person who transfers the property is the bailor. The person who receives the property is the bailee.

The bailee has the obligation to return the property. Section 8.2 Bailments In a bailment, there is no transfer of title or ownership to the bailee. The bailee has the obligation to return the property.

The standard of care depends on the type of bailment. Section 8.2 Bailments The bailee also has a responsibility to use a certain standard of care of the property. The standard of care depends on the type of bailment.

There are three basic types of bailments: special bailment Section 8.2 Bailments There are three basic types of bailments: special bailment gratuitous bailment mutual benefit bailment

A special bailment benefits only the bailee. Section 8.2 Bailments A special bailment benefits only the bailee. An example of a special bailment is lending your computer to a friend without getting something in return.

Section 8.2 Bailments In a special bailment, the bailee is obligated to exercise a high standard of care to ensure the property is not damaged, lost, or stolen.

A gratuitous bailment benefits only the bailor. Section 8.2 Bailments A gratuitous bailment benefits only the bailor. An example of a gratuitous bailment is having a friend take care of your computer for you while you are on vacation.

Section 8.2 Bailments In a gratuitous bailment, the bailee is only obligated to exercise a minimum amount of care.

A mutual benefit bailment benefits both the bailor and the bailee. Section 8.2 Bailments A mutual benefit bailment benefits both the bailor and the bailee. An example of a mutual benefit bailment is leaving your computer at a shop to be repaired for a fee.

Section 8.2 Bailments In a mutual benefit bailment, the bailee is required to use a reasonable amount of care to protect the property.

Section 8.2 Bailments A tortious bailee is someone who wrongfully keeps lost property, stolen property, or refuses to return property. A tortious bailee is responsible for all damage that occurs to the property.