Mrs. Smith had borrowed a barbecue and a CD player from Mrs. Jones. After the get-together, instead of returning them, she decided to exchange the CD player with a friend for a computer monitor and refused to return the barbecue although Mrs. Jones had requested her to do so.
Clearly, this is a case under bailment. Bailment exists whenever possession of goods is transferred from one party (the bailor) to another (the bailee) on the understanding that the goods will be returned to the bailor or disposed off if directed by the bailor upon completion of purpose for which they are being borrowed . Since the bailor is not transferring ownership, the bailee has the duty to take reasonable care of the goods and to return them in an acceptable physical condition.
Under Mrs. Smith's situation, she intentionally exchanged Ms. Jones's CD player for a computer monitor through a third party. Because her act is intentional, and under no direction from the owner, the action of bailment is......
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Approximate Word Count: 546
Approximate Pages: 3 (260 words per double-spaced page) |