However, the Court could take those into account when applying the duty imposed on involuntary bailees
that they should have done what was right and reasonable in all the circumstances.
These individuals are no different to the thousands of bailees
or offenders released on home detention curfew who are released back to their own home, where they are left unsupervised in the community.
The trial court ruled that the District and TMI were gratuitous bailees
[bailment for the sole benefit of the bailor] and therefore liable only for gross negligence.
Generally, the law requires that bailees
exercise reasonable care to protect and preserve property in their possession.
The Court held that the police had acted correctly, and it confirmed that there was no breach of the obligations they owed to Ngan as bailees
Few states have applied these provisions to bailments even though bailees
often insert disclaimers of warranties into their receipts and contracts.
5) But in many cases the existence of an active duty is an open question at common law, and one that potentially applies to non-official agencies such as auction houses, borrowing museums and other bailees
, as well as police and customs.
In the circumstances the steps taken by the bailees
to safeguard the original artwork were held to be adequate.
that as between the cargo owner and the salvors the latter as bailees
were estopped from denying the title to the goods of the former as their bailor, including as an incident of that title its right to possession.
The former tenant argued that, since it was obvious to the new possessors that the goods belonged to someone other than themselves, their possession was that of involuntary bailees
of the owner, rather than that of unconscious or unwitting bailees
, and they were liable in conversion for having deliberately destroyed the goods.
The main moral to be drawn from Spencer v Franses is that bailees
should confront in advance all potential points of doubt that might arise from their possession of the bailed chattel and from their relations with their bailors.
Thus, a combination dealer/framer will actually need both fine art and bailee