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Eleni owns and operates a restaurant. During the winter months, it is inappropriate for diners to...

Eleni owns and operates a restaurant. During the winter months, it is inappropriate for diners to bring their coats with them to their table. Eleni therefore provides a place for coats to be placed or hung.

Does this arrangement necessarily involve a bailment? Is some other arrangement possible? What is the significance of classifying the arrangement as a bailment rather than something else? Explain your answer, and identify any additional facts that are required before the question can be conclusively answered.

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Answer #1

A true ailment is premised upon three criteria: (i) one person voluntarily delivers the property to another, (ii) for a particular purpose, (iii) with the intention that the property will be returned or disposed of as directed

As in the given case, the costs of the dinners are taken to place at a certain place, and the dinner expects these coats to be returned to them whenever they need it, thus this should be considered as a bailment.

It must be classified as a bailment as it will ensure the security of the property of the dinners and they can receive it at their will.

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