ADMS 2610 Chapter Notes -Res Ipsa Loquitur, Bailment, Pawnbroker
Document Summary
Bailment: the transfer of a chattel by the owner to another for some purpose with the chattel to be later returned or dealt with in accordance with the owners instructions. Bailor: the owner of a chattel who delivers possession of the chattel to another (bailee) in a bailment. Bailee: the person who takes possession of a chattel in a bailment. Example: leasing of truck/automobiles, logistics companies, motor repair garages. Bailor-bailee relationship: delivery of chattel must take place before bailor-bailee relationship comes into existence (when goods are physically placed into the hands of bailee. (can also me implied if bailee is aware of delivery = constructive possession) If bailee refuses to return bailed goods then bailor is entitled to bring action against bailee. Exculpatory clause: a clause in a contract that limits or exempets a party from any liability for damage to the goods.