What are the basic duties of a bailee? Explain the critical elements that determine the degree of care that a bailee is required to exercise.

Question

What will be an ideal response?

Answer 1

The bailee has two basic duties: a) to take reasonable care of the entrusted property and b) to return the property at the termination of the bailment. Firstly, the bailee is required to exercise reasonable care to protect the property, and whether the care is reasonable depends on who is benefiting from the bailment. If it is a mutual benefit bailment, the bailee must use ordinary care; if the bailee is a professional, the bailee must use the degree of care a person in that profession would use. This professional level of care is usually stricter than ordinary care, and professionals have the burden of proof to show that they were not negligent. If the bailment is for the sole benefit of the bailee, an even higher standard is applied. In addition to the question of who benefits, other factors include the nature and value of the property, how easily it can be damaged or stolen, whether the bailment was free or paid for, and the experience of the bailee. The second vital element of a bailee's duty is to return the property at the termination of the bailment. The bailee must return the goods in an undamaged condition to the bailor or to someone designated by the bailor. If the goods have been damaged or lost, there is a rebuttable presumption of negligence on the part of the bailee. In order to overcome this presumption, the bailee has the burden of showing that the accident, damage, or loss resulted from some cause consistent with the exercise of the relevant level of due care on his part. In most instances, the bailee must return the identical property that was bailed, and the property must not be misdelivered.