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ailee. Tortious bailees are responsible for all damage to property intheir possession, regardless of the degree of care exercised and the causeof the damage.Burden of ProofSometimes items are damaged, lost, or stolen when they are in thepossession of a bailee. The bailor is not in a position to know whatcaused the loss. If a bailor brings suit for damages, most courts shiftthe burden of proof to the one who is in the best position to know whathappened: the bailee. As a result, the burden is on the bailee to prove alack of negligence.Special BailmentsCertain types of bailees have special obligations in addition to theduties imposed on all bailees. These include hotel keepers and commoncarriers.Hotel KeepersHotel keepers are special bailees because of the special nature oftheir business. A hotel keeper, also called an innkeeper, is the operatorof a hotel, motel, or inn that regularly offers rooms to the public for aprice. The common law imposed the duty upon innkeepers to accept allpeople who requested lodging if rooms were available. In addition,innkeepers were considered to be insurers of their guests’ property. Withexceptions, this is still the law today.The relationship between a guest and a hotel keeper begins whenthe hotel keeper accepts a person as a guest. This usually occurs whenthat person checks into the hotel. However, a person may become a guestby giving his or her luggage to a hotel porter or to a person operatingthe hotel’s limousine service. Once established, the relationship of hotelkeeper and guest continues until the bill is paid and the guest departs.A transient is a person whose stay at a hotel is uncertain in length.Transients want temporary lodging and may leave at any time. In contrast,a lodger, also called a roomer, is a person staying at a hotel, motel,or rooming house for a definite period of time. Thus the arrangementbetween a rooming housekeeper and a roomer is of a more permanentcharacter than the relationship between a hotel or motel and a guest.Social StudiesAs the global economycontinues to expand, aneed has arisen formutual patent agreementsbetween countries.In general, inventors mustapply for patents in eachcountry where they wishto manufacture, use, orsell their inventions.International efforts havebeen made to assist inthis process. In 1970, thePatent Cooperation Treatywas signed, and in 1977,the European PatentConvention was implemented.These kinds ofefforts have helpedsimplify the process ofobtaining patents.Research ActivityFind out what the PatentCooperation Treaty providesto inventors. Thendetermine what the EuropeanPatent Conventioncreated and why it hasbeen important to internationalrelations. Writea two-page paper thatdiscusses your findings.Example 10. Rhoda Quezada was able to secure a comfortableroom at the Mainliner Motel. After three days’ residence, shedecided that the Mainliner was ideally located for her business.She made arrangements to rent the room for six months at a specialrate. Although Quezada was originally a transient guest, thenew arrangement changed her status to that of a roomer, orlodger.Chapter 17: Personal Property and Bailments 373

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