ADM 477 Indiana Wesleyan University Creation of a Bailment Relationship Letter

ADM-477: Business Law

I can provide book link if needed.

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 BailmentsBailments fall into three distinct categories:Bailments for the sole benefit of the bailorBailments for the sole benefit of the baileeBailments for the mutual benefit of the bailor and the baileeLegal Duties of the BaileeBailees owe certain legal duties to the bailor:To take care to protect the bailor’s personal property from loss or damageTo return the bailor’s personal property once the bailment has concludedLevel of CareIf 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.  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