Answer:
Refer to the case Newman v Physical Therapy Associates of Rome, Inc. (375 SE2d 253) to answer question as below.
Additional Facts
Trial court held for defendant, the physical therapy, plaintiff appealed.
This case concern whether an actual bailment was created.
Relevant Terms, Laws, and Cases
Bailment - transfer of property from bailor to bailee. Bailee has duty of care for the property transferred to them.
Opinion
Higher court affirmed the decision. No actual bailment was created.
The court defined a bailment as a bailee having "independent and exclusive possession of the property". In this case the plaintiff could've retrieved her property at any point; hence, the defendant doesn't have exclusive possession over it. Since bailment is not created they do not have duty of care.
Answer:
Refer to the case Rhodes v Pioneer Parking Lot (501 SW2d 569) to answer question as below.
Additional Facts
Trial court held for plaintiff, owner of the stolen car, from defendant's parking lot. Defendant appealed.
The issue at hand is whether defendant had a duty for plaintiff's car even though they forewarned their limit to liability.
Relevant Terms, Laws, and Cases
Limitation of liability clause - provision in contract that limits liability amounts.
Bailment - transfer of property from bailor to bailee. Bailee has duty of care for the property transferred to them.
Opinion
Higher court reversed the decision. The case is dismissed.
The higher court held that no actual bailment has been created-the defendant had no duty of care, as they are not a bailee. The court defined bailment as a bailee having possession and control over the property, which contrast with this case. The defendant had no control over the plaintiff's car, for the plaintiff kept his key. On the other hand, the court argued that when a parking lot has an attendant on hand to keep a car owner's key, and thence will it be a bailee-bailor relationship.
Answer:
The son borrowed a weapon for hunting from his father. Assuming the father received nothing in return then this is a gratuitous bailment for the sole benefit bailee , the son. The bailor, father, only had a duty of care to warn son of known defects. Hence, the son should be more careful with his use.