The Ordinary Care Rule, some courts say that the bailees liability is the straightforward standard of ordinary care under the circumstances.
For example, imagine that your car breaks down on a dark night and you beg a passing motorist to tow it to a gas station; or you ask your neighbor if you can store your utility trailer in her garage.
Another problem in using the majority approach to the standard of care is determining whether or not a benefit has been conferred on the bailee when the bailor did not expressly agree to pay compensation.Contents, general edit, bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership.For example, A hires Bs car.However, bailments arise in many other situations, including terminated leases of property, warehousing (including store-it-yourself) or in carriage of goods.The bailee is generally expected to take reasonable precautions to safeguard the property, although this standard sometimes varies depending upon who benefits from the bailment.If she did, she is not liable for the loss.For example, imagine you park your car in a commercial parking lot, or you take your suit jacket to a dry cleaner (see.For example, you lend your book to a friend of yours for a week without any charge or favour.Modifying the earlier opinion of Lord Holt ( Coggs.( mutual-benefit bailment ) If how to use amazon employee discount on amazon the bailment is to the primary benefit of the bailor, such as finding a lost wallet, the bailee must be found grossly negligent to be liable for damage done to the bailment.Examples, a bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties (e.g.For example, a bank gives its customers free access to safe-deposit boxes.He is therefore entitled to divest himself of the certificate regardless of a duty of care, so long as he does no malicious or intentional harm to another.Damages edit Plaintiffs will be able to sue for damages based on the duty of care.
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Strict liability edit The old common law held a bailee strictly liable for the bailment.