Discuss whether or not the following common transactions are bailments and if so, who is the bailor/bailee, and what type of bailment is involved. A) Renting storage space in Farmer's Frank's huge barn to keep your classic car out of the snow and ice of
winter. The rental agreement provides for $100/month rent and Farmer Frank has the only access to the barn. B) Hiring a moving company to move your belongings to a new residence. C) Loaning your lawn mower to your neighbor. D) Parking your car in a "park and lock" parking lot.
A bailment involves transferring possession of goods to one who is not the owner. To create a bailment, the bailee must assume physical control with intent to possess and return the property or deliver the property to whomever the bailor designates.
A) This is a bailment. The car owner is the bailor and Farmer Frank is the bailee. The owner of the classic car delivers physical control to Farmer Frank. The bailment is a mutual benefit bailment.
B) Yes, this is a bailment. The owner of the residential goods is the bailor. The moving company is the bailee. The moving company takes physical possession and control of the residential goods. This is a mutual benefit bailment.
C) Yes, this is a bailment. As the owner of the lawn mower, you are the bailor. The neighbor is the bailee. The neighbor is taking physical possession of the mower. This is a bailment for the sole benefit of the bailee.
D) No, this is not a bailment. The owner of the car is not giving up control of the car. The owner of the parking lot is not in possession of the keys to the car.
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