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Bailmentsl How to define abailmentl How to describe kindsof bailmentsl How to explain whohas the burden ofproof in bailmentlawsuitsl How to explain hotelkeepers’ dutiesl How to identify therights and duties ofcommon carriersl How to discuss theobligations of commoncarriers towardpassengersUnderstanding the law ofbailments can help youavoid difficulties.l bailmentl bailor/baileel mutuuml gratuitous bailmentsl gross negligencel slight negligencel reasonable carel ordinary negligencel tortious baileel carrierl common carrierBailments of Personal PropertyYou may have rented movies at a video store, left your car at a shopto be repaired, or dropped clothes off at the cleaners. In these situations,you entered into a relationship called a bailment. Bailments give rise tospecific rights and duties.A bailment is the transfer of possession and control of personalproperty to another with the intent that the same property will bereturned later. The person who transfers the property is the bailor . Theperson to whom the property is transferred is the bailee .Example 4. Eric’s English teacher assigned a lengthy term paper.Eric had to type his paper but did not own a computer. He borroweda laptop from his friend, Quanna. This situation illustratesa bailment. Eric was the bailee, and Quanna was the bailor. Evenin this simple transaction, basic legal rights and duties exist.In a bailment, neither the bailor nor the bailee intends that title to theproperty should pass. The bailee has an obligation to return the sameproperty to the bailor at a later time. A bailment does not occur whenthe person in possession of the property has no right of control over it.Example 5. Sewall parked his car in a commercial parking lotand took the keys with him. An attendant was on duty in themorning and left the lot unattended for the rest of the day. In theafternoon, Sewall’s car was stolen. This was not a bailmentbecause the attendant had no right of control over Sewall’s car.Instead, Sewall had simply rented a parking space.In contrast, a bailment exists when someone parks a car in a garageor lot that has an attendant present at all times to check cars going in andout. Similarly, the courts have held that a bailment takes place when acar owner surrenders his or her car keys to a parking lot attendant.When you loan goods to someone with the understanding thatthey will be used and later replaced with different identical goods, amutuum has occurred.Example 6. Liang borrowed a cup of sugar from her neighbor tomake cookies. She returned a cup of sugar to her neighbor the368 Unit 3: Understanding Consumer Law