ES 6 UNDERSTAND SALES, CONSUMER, PROPERTY AND CYBER LAWS Objective 6.02 Understand property law BB30 Business Law 6.02 Summer 2013

Bailment Definition? If John leaves his i-Phone at XYZ repair shop for a week? Who is the Bailee? Who is the Bailor? There is an art show in the gym this weekend. Peter is hired to spend the night in the gym and protect the artwork. Why would this not be considered a bailment? BB30 Business Law 6.02 Summer 2013

Examples of Bailments Dress shirts that are being cleaned at a ______. Car being parked by a _________. ___________ transported by UPS. Truck being ________ at a dealership. Diamond ring taken to jeweler for a _______. Leaving your _______ in dressing room. BB30 Business Law 6.02 Summer 2013

Mutual Benefit Bailment Define mutual? Define benefit? Define bailment? What is a mutual benefit bailment? BB30 Business Law 6.02 Summer 2013

Mutual Benefit Bailments Invokes the duty of ordinary care on the bailee Results from a contract (for service, repair, storage, rental) with consideration exchanged Both bailor and bailee receive benefit A pledge as security for a loan is also a mutual benefit bailment Most bailments are mutual benefit BB30 Business Law 6.02 Summer 2013

Other Bailments Gratuitous Bailment –Free of charge (lend something to a friend). –Only one party benefits Extraordinary bailment –A common carrier or hotel is strictly liable for damage to bailed goods Involuntary bailment –Arise accidentally BB30 Business Law 6.02 Summer 2013

Rights and Duties of Bailee Rights: –To hold a Mechanic’s Lien -the right to retain property of another, if not paid for service rendered –To expect payment for services rendered Duties: –Of reasonable care and protection of goods while in custody of bailee –To comply with terms of bailment BB30 Business Law 6.02 Summer 2013

What if? 1.What if you refuse to pay for car repairs that you approved? a.Can the mechanic keep your car? b.Can you call police and say he stole your car? c.Can the mechanic charge you a storage fee even though he won’t return your car? 2.What if you refuse to pay for car repairs that you did not approve? BB30 Business Law 6.02 Summer 2013

Rights and Duties of Bailor Rights –to have goods protected –to receive service as agreed upon –to have goods returned in timely manner Duties –to pay for service provided –to warn of dangers or special care required –to pick up goods in a reasonable time BB30 Business Law 6.02 Summer 2013

What if? Ethics and the Law: What if a student who finds necklace and knows who it belongs to but does not return it to the rightful owner? What if a parking valet who takes your hot car on a joy ride? What if a dry cleaner’s employee who wears your leather jacket out on a date? BB30 Business Law 6.02 Summer 2013

Tortious Bailee What is a tortious bailee? Example: Sallie told Mary that she was upset because she had lost her silver engraved bracelet. Mary found the bracelet and decided to keep it for herself. Example: Luke forgot his ski goggle at the ski resort. His friend, Kyle, found the goggles. Kyle knew they were Luke’s but decided to keep them and use them as his own. BB30 Business Law 6.02 Summer 2013