Textbook Notes (369,072)
Canada (162,367)
Business (2,391)
BU231 (317)
Valerie Irie (151)
Chapter 15-2

Chapter 15-2.docx

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Valerie Irie

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- until the time of sale, the owner is still the bailor and upon presentation of the amount of money owed, they can get their property back - Proceeds of sale – 1) compensate the bailee for the cost of storing/keeping the property, 2) pay the overdue charges to the bailee, 3) surplus amount goes to the bailor Special Types of Bailment Storage and Safekeeping - warehousing firm that accepts goods for storage or safekeeping are under a duty to take care of the goods, and depends on the nature of goods and the contractual terms - terms of contract may reduce liability (implied or expressed) but are restricted to complying with any special instructions, etc - not required to insure goods from fire, unless in contract - Fungible Goods: goods that may be replaced with different but identical goods (grain of the same grade etc.) otherwise the bailee must return the exact same goods to the bailor - In Canada, you can obtain a right of lien through contract or statute - Statutory right to lien is limited to people who are professional storers (ex. Have a storage business) Repairers - maintenance, repairs, or servicing to personal property - repairer (or bailee) who works on these articles on their own premises is said to be a bailee for value - Agrees to: undertake work in a competent manner, have work done by the promised time, has a duty of care while the articles are in their possession - Failure to do the above can: result in breach of contract (with normal remedies) on the bailee’s part, may entitle the bailor to not pay for the services already done, and can possibly sue for damages - Entitiled to receive the chattel back - Liens – entitled a lien for the value of the work done upon the goods in their possession, some provinces extend the right to sell for charges over 3 months due Transportation - All carriers are bailees and therefore have some responsibility for the items, but extent of liability depends on the type of carrier 1) Gratuitous Carrier - anyone who agrees to move goods from one place to another without reward - must exercise at least the diligent and care to be expected of a reasonable person in handling his or her own property 2) Private Carrier - business that undertakes on occasion to carry goods for reward, but reserves the right too select the customers and restrict the type of goods carried - duty of care is higher than gratuitous carrier; degree of care commensurate with the skill reasonably expected of a competent firm in its line of business - has no right of lien/sale by common law or statute law, remedies can only be obtained if they are in K 3) Common Carrier: a business that holds itself out to public as a transporter of goods for reward - does not discriminate among those who request services and does not refuse the right of shipment of goods when it has the means to ship them - services may be restricted to a certain area of those kinds of goods in which it is suitable to carry - most railway and steamship companies (airplanes may not be included because they reserve the right to refuse goods) - Liability is the greatest of all three, but has many advantageous defences - Must indemnify the shipper regardless of fault, an insurer as well as a ba
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