Bailments Flashcards
(15 cards)
What is a bailment?
A bailment occurs when one person (bailor) transfers possession of personal property to another person (bailee) for a specific purpose, without transferring ownership.
What must the bailee do with the property in a bailment?
Return the property or dispose of it according to the bailor’s instructions.
What is a Mutual Benefit Bailment?
Both the bailor and the bailee receive a benefit from the arrangement.
What is the standard of care for a Mutual Benefit Bailment?
The bailee must exercise reasonable care to protect the property.
Give an example of a Mutual Benefit Bailment.
Taking your car to a mechanic for repairs.
What is a Benefit for the Bailee (Sole Benefit of the Bailee)?
The bailee receives the primary benefit, while the bailor receives little or nothing.
What is the standard of care for a Benefit for the Bailee?
The bailee must exercise extraordinary care to protect the property.
Give an example of a Benefit for the Bailee.
Borrowing a friend’s laptop for a presentation.
What is a Benefit for the Bailor (Sole Benefit of the Bailor)?
The bailor receives the primary benefit, and the bailee is doing a favor or service without compensation.
What is the standard of care for a Benefit for the Bailor?
The bailee is only liable for gross negligence or bad faith.
Give an example of a Benefit for the Bailor.
Asking a neighbor to watch your dog while you’re away without offering payment.
In a Mutual Benefit Bailment, what is an example of the bailee’s responsibility?
The garage operator must take reasonable care to protect the vehicle from theft or damage.
What is expected of a bailee in a Benefit for the Bailee situation?
The bailee is expected to be extra careful with the property.
Fill in the blank: In a Benefit for the Bailor, the friend is only responsible if they act with _______.
gross negligence
True or False: In a bailment, ownership of the property is transferred from the bailor to the bailee.
False
