Property I

Bailment

A rightful possession of an object by someone who is not the true owner.

Carries the right to possess and exclude, but not use or transfer.

Elements:

  1. Delivery without the transfer of ownership
  2. Implied or express acceptance
  3. An implied or express agreement that the goods be returned
    • Element that differentiates from gift.

Carries the duty to:

  1. Care
    • Standard of care is that of a reasonably prudent person under the same or similar circumstances.
    • Paying raises the standard of care or a reasonably prudent person. Depends on the benefits and burdens
  2. Redelivery
    • Strict liability

Can be voluntary (taking care of a friend's dog) or involuntary (finding lost or mislaid property).