Types of Care
This kind of care is required in a mutual-benefit bailment.
What is ordinary care?
consideration is given and received by bailor and bailee
Mutual-benefit bailment
disclaimer
This kind of care is required in a gratuitous bailment in which the bailee is the sole benefactor.
What is extraordinary care?
arise accidentally and without the consent of the bailee
Involuntary Bailments
A fee for use of the transportation vehicle when it is not loaded or unloaded at the agreed time
demurrage
This kind of care is required in a gratuitous bailment in which the bailor is the sole benefactor.
What is minimal care?
Occur when a person already in possession of personal property holds it so that the law imposes on him or her a bailees duty to deliver it to another
Constructive Bailment
Consideration is given and received by both bailor and bailee
Mutual Benefit Bailment
This type of bailment care modifier is typically unenforceable
What is a disclaimer?
When goods are bailed with common carriers and hotels
Extraordinary Bailment
ownership remains with the bailor until the goods are sold.
Consignment
These three things can alter the level of care required in a bailement
What are contracts, legislation, and disclaimers?
when only one of the parties benefit from the bailment
Gratuitous Bailment
Transferring of a symbol of possession and control
Constructive Delivery