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Lecture

BU231 Lecture Notes - Bailment, Registered Mail, Lawn Mower


Department
Business
Course Code
BU231
Professor
Valerie Irie

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Bailments:
-going to have tort standards applied
-passing laptop asking to hold laptop
-non-contractual in nature, still a bailment
-taking possession but not ownership
-Penny was bailor, rhinestones belonged to her
-Sheldon was the bailee, accepted possession
-lend lawnmower, neighbour keeps it in garage, bailment has been created
-walking down the street find ipad, pick it up, not yours, created bailment
-have to keep that thing safe for real owner
-things that you can own, can include documents
-if however go to bank, take out line of credit, can I give you savings bonds, take possession have
obligation of having them in safe keeping
-car in parking lot, that is not a bailment, putting ticket
-contractual benefit both parties
-bailee has paid for service, consideration both ways
-non-contractual, friend asks to borrow car, they took possession, so gratuitous benefit for benefit of
bailee
-ask friend to leave car in the garage, bailment for benefit of bailor
-both parties benefit, no intention to create legally binding relationship
-both elements of tort and contract
-bailment governed by own rules
-passing on goods to someone else
-technically Sheldon was sub-bailee
-case of women diamond ring worth $11,000
-took it into jeweler
-not able to fix it, had to forward it to another jeweler
-sent by registered mail, listed value of good
-put value $100, reason was that was normal, only ever listed for insurance reason
-higher costs are going to be with insurance
-walker fixed the ring, couldn’t send the ring back because of postal strike
-CN rail, listed value as $100
-ring never showed up, sued all of the parties
-all 3 owed duty of care, CN had a clause, exemption clause with Walker, limited value to $100 that was
stated
-CN could not rely on clause because never made them privy to contract
-if you are sub-bailee, can you rely on exemption clause
-CN told valued at $100, nobody told them it was $11,000 ring
-creates weird situation, courts juggle with it
-court said no couldn’t rely on it
-sometimes can rely/sometimes can’t
-leave car in friend’s garage
-still have standard of care, (gross negligence)
-boring friend’s car to drive to Toronto
-take extra good care
-types of good and extent of promise
-if property is valuable
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