Question

Scenario #1: Mike lived across the hall in an apartment building from Jane. Mike had to leave town for a week and asked Jane to please take care of his favorite plant while he was gone. She agreed. When he returned, Jane told him that despite the fact that she had watered it every day and placed it in the sun for the recommended time period, his plant had died.
Scenario #2: Jane knew that Mike had two bicycles. Jane's car was in the shop for a week, so she asked Mike if she could use one of his bikes for the week to get to and from class while her car was being fixed. Mike agreed. When Jane returned the bike to Mike, it had a severely bent back wheel and his u-lock was missing. Scenario #3: Mike and Jane go out dancing one January night to Club Heaven. They decide to check their coats so as to not have to carry them around all evening. The coat check cost them $5 each. They each received a claim ticket for their coat. At the end of the evening, they returned to the coat check and tendered their claim tickets, only to find that Jane’s coat had been lost.

For each scenario, who is the bailor and who is the bailee? What duty of care must the bailee exercise? Is the bailee legally liable for the damage or loss?

Answer 1

Case I- Mike is bailor and Jane is bailee.

Case II- Mike is bailor and Jane is bailee.

Case III - Mike and Jane are bailors and club Heaven's coat check department is bailee

The bailee must exercise the duty of ordinary care under given circumstances while having possession of the bailor's item.

The baile is not liable for the losses incurred when he /she exercised care but losses incurred. ( Case I, where the bailee Jane followed all instrcutions, but could not save the plant). However, in case II, Jane is beneficiary of the bailment of Mike's cycle as she is using it for her own purpose. This creates an exraordinary duty of care of the cycle, and since the bailee failed to take that level of care, she is laible for losses. In case III, the bailee is liable for the loss of coat because it has a contract with bailor to protect its belongings and there is a consideration involved in it, and he /she did not exercise that duty of care and the coat was lost due to negligence. In this way, the bailee is liable for losses.