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Canada (493,101)
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BU231 (312)


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Wilfrid Laurier University
Valerie Irie

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 Remedies: -regular breach, exemption damages, lost opportunity costs -if other party has failed to deliver, (Quantum Meruit) -also have special remedies -special remedy -use the word in common way -possessory lien -gives the bailee the right to retain the possession of the goods until person pays amount -taken car to get it fixed, bill 2500 -something goes awire at home, don’t have money -pay 1000, pay off difference, rightfully taken possession, right to obtain the lien -common law didn’t provide one for storage bailmen
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