Question: Using this story Is there a bailment created under these facts and why or why not? ho is the bailor? (in assumption that there is

Using this story

Is there a bailment created under these facts and why or why not?

ho is the bailor? (in assumption that there is a bailment)

who is the bailee? (in assumption that there is a bailment)

who did the bailment benefit? (in assumption that there is a bailment)

What type of bailment would it be? (in assumption that there is a bailment)

How does that fact affect the degree of care owed by the bailee and the imposition of liability under a negligence theory?

Using this story Is there a bailment created under these facts and

Exene Cervenka, Yo Gotti, and ZZ Top were employees of Mike & The Mechanics Auto Repair Shop. They were required by Mike (the owner of the shop) to provide their own tools to work on the vehicles serviced at the shop. Since it was impractical for the employees to cart their tools back and forth between home and work each day, the tools were left in the shop at the end of each work day. ZZ Top also kept a vehicle on the business premises that he was allowed to work on after hours and on Sundays when the shop was closed. When an employee left Mike's shop for greener pastures, they would always take their tools with them and Mike never tried to stop them. For months the shop experienced an ongoing water leakage. Mike was aware the problem but never took the time to have it properly repaired. Eventually, that water leakage triggered an electrical fire. The flames quickly engulfed the entire premises destroying the business, the employees' tools, and ZZ Top's automobile. Cervenka, Gotti, and Top sued Mike to recover damages on the theories of negligence, res ispa loquitor, and bailment. The case was tried to a jury which ruled for the plaintiffs on their bailment theory. The trial court denied Mike's motion for a judgment notwithstanding the verdict, and the shop appealed. You are the law clerks for the Appellate Court. The judges would like some guidance and task you to examine the bailment issue by answering the following questions set forth below

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