Question

1. Wall parked his car in the parking lot at O’Hare Airport in Chicago. After he received a parking ticket from a ticket- dispensing machine, an automatic gate was raised and he entered the lot and parked his car in a space of his choosing. On the reverse side of the parking ticket was printed, “This is a lease of parking space only and not a bailment.” When he returned the next day, he discovered that his car was missing and was presumed stolen. The car was later found, but it had been extensively damaged by the thieves. Wall brought suit for $ 1,846, claiming that a bailment existed and that the parking lot operator was responsible. Did a bailment exist, and is the parking lot operator responsible for Wall’s loss?
2. Noble, a resident of Washington, D. C., ordered a stereo tuner from a store in Maine. The unit was shipped and was received by McLean, the receptionist/ switchboard operator in Noble’s apartment building. She placed the tuner in a small room where packages for tenants were kept. When McLean went off duty at 4 p. m., the package was still in the room. By the next day it was gone; only the empty box in which the unit had been shipped was found outside the building. Noble brought suit, claiming that a bailment existed. The landlord, Bernstein, denied responsibility and pointed out a provision in the lease that the landlord is not responsible for the property of tenants and that, even if an employee of the landlord does store, move, or handle a tenant’s property, he or she does so as the tenant’s agent. Did a bailment exist, and is Bernstein responsible for the loss?
3. Gilder entered a parking garage enclosed within the Washington Hilton Hotel, where he was directed to a parking space by an attendant. Some of the spaces were designated for park- and- lock, and others were not. He locked the car and kept the keys. When Gilder had entered the garage, he saw a number of employees: a manager, a cashier, and three attendants. After Gilder parked his car, he opened the trunk in plain view of a group of employees, placed his friend’s cosmetic bag in it, and locked the trunk. Upon his return, he found the trunk lid damaged from being pried open. Gilder brought suit, charging the garage with failure to provide adequate care. On appeal, the garage denied responsibility, claiming that there was no bailment. Did a bailment exist, and is the garage responsible?
4. The Marglin family moved from Indianapolis to New York and rented an apartment smaller than the one they had left. Marglin arranged to have the excess furniture stored at Global Transportation and Storage Company. During the year that the furniture was in storage, Global stored some animal hides near the furniture. When Marglin picked up the furniture, he found that it had a very unpleasant odor. When Marglin complained, Global insisted that it had provided storage as agreed. Marglin brought suit for negligence and claimed that Global had failed to provide the ordinary care required. Will Marglin succeed?



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  • CreatedOctober 01, 2015
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