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Terms in this set (5)
A rightful possession of goods by one who is not the owner. The bailee must assume actual physical control with intent to possess.
A servant entrusted with goods by his master is a custodian.
Where the legal consequence of a bailment is imposed on the person without consent.
CONSTRUCTIVE OR INVOLUNTARY BAILMENTS
1- a fider of personal property
2- a landlord who resumes possession of leased premises after the tenant vacates leaving personal goods behind
General duty of care varies depending upon the type of bailment.
The degree of care is commensurate with who gets the benefit of the bailment.
Where the benefit is for the sole benefit of the bailee
Where the bailment benefits the bailor and bailee - mutual benefit
SLIGHT CARE - LIABLE FOR GROSS NEGLIGENCE
1-Where the bailment is for the sole benefit of the bailor
2-The bailment is gratuitous
STANDARD OF CARE FOR REDELIVERY
A bailee is held to strict liability when it comes to redelivery.
STRICT LIABILITY FOR REDEIVERY
1- If bailee delivers goods to wrong party
2- If bailee delivers goods to wrong party even when presented a forged order or ticket
3- Even when bailee uses ordinary reasonable care under the circumstances
EXCEPTION TO REDELIVERY RULE
An involuntary bailee is liable only if the bailee was negligent in delivery of the goods to the wrong party.
The courts impose strict liability on the ordinary bailee because he is in breach of contract if mis delivery occurs
The involuntary bailee has no contract and has a lesser liability
THIS SET IS OFTEN IN FOLDERS WITH...
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