Exam 15: Bailment and Leasing

In relation to chattel leases,quiet possession means that the lessor will not interfere with the lessee's possession or use of the chattel so long as the lessee complies with the terms of the lease.

Under the rules of what general area of law is there a duty imposed on all bailees to take care of property bailed to them?

The operating lease tends to be a long-term lease,and the purchase lease tends to be a short-term lease.

A gratuitous bailment is always for the benefit of the bailee.

Explain why the duty of care and hence resulting liability is greater in bailments for reward or payment than in gratuitous bailments.

Which of the standards of care listed below describe the standard of care required by a business that hires out equipment?

A gratuitous bailment is one where one party pays a nominal fee or gratuity as consideration for the other keeping personal property.

Zed went into a café located on the third floor of a department store.The café was in an enclosed room with no provision for storing parcels or coats.Immediately outside the café,however,was a rack with hangers and a shelf overhead.Once inside the café,one could not see the rack or shelf.Zed hung his coat on the rack and placed his hat on top of the rack.When Zed finished his meal and came out of the café,he discovered that his hat and coat were missing.Identify the issues.Should Zed be able to successfully sue the department store for his losses?

Provide one example of a gratuitous bailment and one example of a bailment for value.

In leases,who is most likely to carry the insurance and bear the cost of maintenance and repairs?

When can a warehousing firm that has issued a warehouse receipt for goods avoid liability in not returning the exact goods stored?

Marie drove her car to a parkade.The attendant took her keys,saying that he would park the vehicle and that he needed the keys because the vehicle might be required to be moved.In the parkade,vehicles were parked in two tiers.To remove a vehicle from the second tier,it was necessary to move the vehicle immediately in front of it in the first tier.Marie paid for the parking and was given a ticket with her vehicle licence number written on it.At the entrance to the parkade,two signs were prominently displayed,one requesting that the conditions on the ticket be read and the other stating that the car with its contents were left at the owner's risk.The conditions on the ticket repeated that the car was parked at the owner's risk and that charges were only for parking space use and that the parkade assumed no responsibility for loss through fire,theft,collision,or otherwise to the car or its contents,whether due to the parkade's negligence or otherwise.During the day Marie's vehicle was temporarily parked on the street immediately in front of the parkade to accommodate the removal of several vehicles.The attendant threw the keys under the front seat and left the car unlocked.The vehicle was stolen and never recovered.Marie said she did not see the signs nor read the conditions on the ticket.Identify the issues raised by these facts.Should Marie succeed in an action against the parkade?

Why is a bailor better off on the insolvency of its bailee than a creditor on the insolvency of its debtor?

Temporary custody of a car belonging to a friend who has no garage and is going away on a business trip is an example of

While A is staying in a hotel,A's room is broken into and her jewellery is stolen.The hotel provided state of the art security and the latest and most secure locks on all guest room doors.If A sues the hotel,at common law,

A sends a package valued at $400.00 to B by means of the courier company X Co.In the contract between A and X Co. ,there is a limitation of liability clause that limits X Co.'s liability for damage or loss caused to the goods by any reason whatsoever,including the negligence of X Co.and/or its employees,to $20.00.When the goods reach B,they are damaged.If A sues X Co.for the full $400.00,

What are the bailment rights of the lessee?

A hire-purchase agreement gives only possession of the chattel,not ownership.

An example of a gratuitous bailment for the benefit of the bailee would be

Hilda rented a hospital bed from Medical Leasing Co.for her bedridden father.In the contract she was referred to as the ________ and Medical Leasing was referred to as the ________.