ES 6 UNDERSTAND SALES, CONSUMER, PROPERTY AND CYBER LAWS Objective 6.02 Understand property law BB30 Business Law 6.02 Summer 2013

Bailment An agreement created by the temporary delivery of personal property by the owner to someone who is not the owner for a specific purpose. Both parties agree that the property will be returned to the bailor. Bailee - has in their temporary possession property that belongs to someone else. Bailor - owner of property who gives up possession to someone else temporarily. BB30 Business Law 6.02 Summer 2013

Examples of Bailments Dress shirts that are being cleaned at a dry cleaner. Car being parked by a valet. Package transported by UPS. Truck being repaired at a dealership. Diamond ring taken to jeweler for a repair. BB30 Business Law 6.02 Summer 2013

Mutual Benefit Bailments Invokes the duty of ordinary care on the bailee Results from a contract (for service, repair, storage, rental) with consideration exchanged Both bailor and bailee receive benefit A pledge as security for a loan is also a mutual benefit bailment Most bailments are mutual benefit BB30 Business Law 6.02 Summer 2013

Other Bailments Gratuitous Bailment –Free of charge (lend something to a friend). –Only one party benefits Extraordinary bailment –A common carrier or hotel is strictly liable for damage to bailed goods Involuntary bailment –Arise accidentally. Anytime your find someone else’s property. Minimal care is expected. You should not destroy property while it is in your care. BB30 Business Law 6.02 Summer 2013

Rights and Duties of Bailee Rights: –To hold a Mechanic’s Lien -the right to retain property of another, if not paid for service rendered –To expect payment for services rendered Duties: –Reasonable care and protection of goods while in custody of bailee –To comply with terms of bailment BB30 Business Law 6.02 Summer 2013

What if? 1.What if you refuse to pay for car repairs that you approved? a.Can the mechanic keep your car? b.Can you call police and say he stole your car? c.Can the mechanic charge you a storage fee even though he won’t return your car? 2.What if you refuse to pay for car repairs that you did not approve? BB30 Business Law 6.02 Summer 2013

Rights and Duties of Bailor Rights –to have goods protected –to receive service as agreed upon –to have goods returned in timely manner Duties –to pay for service provided –to warn of dangers or special care required –to pick up goods in a reasonable time BB30 Business Law 6.02 Summer 2013

Tortious Bailee What is a tortious bailee? –A party who wrongfully retains lost property or stolen property –A party who wrongfully uses a bailed article for a purpose other than that agreed upon by the parties Sallie told Mary she had lost her bracelet. Mary found the bracelet and decided to keep it for herself. A parking valet takes your car on a joy ride. A dry cleaner’s employee wears your leather jacket out on a date.