ADM 477 Indiana Wesleyan University Creation of a Bailment Relationship Letter

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uvfynz94

Business Finance

ADM 477

Indiana Wesleyan University

ADM

Description

ADM-477: Business Law

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Getting Started

Bailments are so commonplace that you likely have been involved in a bailment relationship. Let’s examine an everyday example. April drives her car to Monte’s Restaurant and gives the restaurant’s valet her keys to park her car in the restaurant’s secure parking lot. This common occurrence is known as a bailment. The bailor (April) has delivered her personal property (her car) to the bailee (Monte’s Restaurant) under the agreement that the bailee will return the property  to the bailor at the end of the bailment, which occurs once April has finished her meal and paid her bill. So, if you ever have used valet parking, you also have participated in a bailment relationship!
Upon successful completion of the course material, you will be able to:
Explain the rights and responsibilities of the parties in a bailment relationship.

Background Information

To create a bailment, the following elements are required:
The bailor is the owner of the personal property or has the legal right to possess the personal property.
The personal property is delivered to the bailee, who has exclusive possession and control over the personal property.
The bailee accepts the personal property along with the legal duty to return the property to the bailor at a designated time.In our scenario, a bailment has been created because April delivered her car to the restaurant’s valet, who in turn gave April a claim check. Once April finishes her meal, she can present the claim check to the valet, who will retrieve her car from the parking lot.
Categories of Bailments
Bailments fall into three distinct categories:
Bailments for the sole benefit of the bailor
Bailments for the sole benefit of the bailee
Bailments for the mutual benefit of the bailor and the baileeLegal Duties of the Bailee
Bailees owe certain legal duties to the bailor:
To take care to protect the bailor’s personal property from loss or damage
To return the bailor’s personal property once the bailment has concludedLevel of Care
If the property is damaged or lost due to the bailee’s lack of care, the bailee will be found to be negligent. The level of care required by the bailee depends on the type of bailment.
Bailments for the benefit of the bailor: A minimal degree of care is required to protect the property. Therefore, if the bailee is grossly negligent and causes the property to become damaged or lost, the bailee will be liable for the resulting damages.
Bailments for the benefit of the bailee: A high degree of care is required to protect the property. If the bailee’s slight negligence causes property damage or loss, the bailee will be liable for the resulting damages.
Bailments for the mutual benefit of the bailor and the bailee: Ordinary or reasonable care is required to protect the bailed property. This is also known as the reasonable person standard, meaning that the bailee is expected to act as a similarly situated reasonable person would act to protect owned property from loss or damage. An additional distinction is made where the bailee is holding itself out to the public as a professional bailee. A professional bailee must act according to the industry standard in that profession and must show a lack of negligence in the event of property loss or damage to avoid liability.Historically, courts have relied on these three distinctions to determine the liability of the bailee in the event of property loss or damage. However, the modern trend shows some courts relying less on these categorical distinctions and imposing a duty of reasonable care on bailees.

Instructions

Review the rubric to make sure you understand the criteria for earning your grade.
Consider the following scenario:

Jeff is an avid UNC–Chapel Hill basketball fan and drives to the Greensboro Coliseum to watch his beloved Tarheels play in the Atlantic Coast Conference (ACC) basketball tournament against their arch-rivals, the Duke University Blue Devils. When Jeff arrives at the parking lot, he pays $20 to the attendant for parking and takes a ticket. On the ticket is printed “WARNING: Not responsible for damage to personal property while on Greensboro Coliseum premises.” He parks his car, puts his keys in his pocket, and enters the Coliseum.

Jeff is overjoyed as he watches the Tar Heels beat the Blue Devils by 30 points. Returning to his vehicle, he is shocked to see his windshield bashed in and surmises that the perpetrator must have been a Blue Devil fan—after all, a large, heavy Blue Devil statue now protrudes from Jeff's Carolina-blue car’s windshield! Jeff also surmises that the vandal is probably long gone by now (since the Tar Heels were leading by 25 points at halftime) and already well within the protective confines of the stone wall surrounding Duke University 60 miles away.

In a one- to two-page letter, advise Jeff of his legal rights against the Greensboro Coliseum for damage to his vehicle.
 

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2/18/22, 12:33 PM Preview Rubric: Course Assignments - 4WI2021 Business Law (ADM-447-01B) - Indiana Wesleyan University Course Assignments Course: 4WI2021 Business Law (ADM-447-01B) Criteria Content Level 4 Level 3 Level 2 Level 1 30 points 25 points 20 points 15 points (26–30 points possible) (21–25 points possible) (16–20 points possible) (0–15 points possible) You address all of the requirements of the assignment. You address most of the requirements of the assignment. You address some of the requirements of the assignment. You address few or none of the requirements of the assignment. You display excellent organization. You display very good organization. You display good organization. You do not display effective organization. https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks Criterion Score / 30 1/3 2/18/22, 12:33 PM Criteria Critical Thinking Preview Rubric: Course Assignments - 4WI2021 Business Law (ADM-447-01B) - Indiana Wesleyan University Level 4 Level 3 Level 2 Level 1 20 points 15 points 10 points 5 points (16–20 points possible) (11–15 points possible) (6–10 points possible) (0–5 points possible) You demonstrate clear, insightful critical thinking when you: You demonstrate competent critical thinking when you: You demonstrate limited critical thinking when you: You demonstrate little or no critical thinking when you: Examine key issues. Scrutinize the meaning of the information. Apply relevant criteria to the problem or issue. Describe key issues. Describe the content of the source materials. Describe the meaning of the information. Define the criteria and reasoning used to make judgments. https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks Mention key issues. Record the content found in the source materials. Identify potential meanings of the information. Identify criteria used for making judgments. Criterion Score / 20 Do not raise key issues. Miss key source materials. Ignore or misrepresent the meaning of the information. Do not use criteria or use invalid criteria for making judgments. 2/3 2/18/22, 12:33 PM Criteria Grammar, Spelling, Length, and Citation Preview Rubric: Course Assignments - 4WI2021 Business Law (ADM-447-01B) - Indiana Wesleyan University Level 4 Level 3 Level 2 Level 1 10 points 7 points 4 points 2 points (8–10 points possible) (5–7 points possible) (3–4 points possible) (0–2 points possible) Your sentence structure is complete, with correct spelling, punctuation, and capitalization, and varied diction and word choice. Your sentence structure has minor errors (fragments, runons), with correct spelling, punctuation, and capitalization, but limited diction and word choice. Your sentence structure has several errors in sentence fluency, with multiple fragments/run-ons and poor spelling, punctuation, and/or word choice Your sentence structure has serious and persistent errors in sentence fluency, spelling, punctuation, and/or word choice. Your assignment length is correct, with minor errors in APA formatting. Your assignment length is inadequate, with several APA errors. Your assignment length is correct, with correct APA formatting. Total Criterion Score / 10 Your assignment length is inadequate with several APA errors. / 60 Overall Score Total Points 0 points minimum https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks 3/3
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Explanation & Answer:
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1

Creation of a Bailment Relationship

Name
Institution Affiliation
Course Name
Instructor

2

Business Law
April 26, 2022
Dear Jeff,
Subject: Creation of a Bailment Relationship
When I reviewed your case, I noted that you were provided with a ticket that was highlighted that
"WARNING: Not responsible for damage to personal property while on Greensboro Coliseum
premises." This message implies that you parked your car in that place at your own risk. In other
words, the message was informing you that the parking was not secure and there was no one was
there to protect the property against a potential threat. There are some reasons that you ...

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