Discussion Question

What do you think about the prospect of creating a bailment by accident? Does it matter whether the parties realize that they are part of a legal relationship? Should the bailor and bailee know that the other exists?

Practice Question

Rhonda is leaving a restaurant and picks up her coat from the rack at the door. When she reaches her home, she realizes that she has picked up someone elses coat. Rhonda decides to return the coat to the restaurant, but she cannot do so until the following day. What is Rhonda's legal status while in possessions of someone else's coat?

• A bailment describes a legal relationship in common law where physical possession of personal property, or chattel, is transferred from one person (the bailor) to another person (the bailee) who subsequently has possession of the property. It arises when a person gives property to someone else for safekeeping. Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. The bailee receives only the control or possession of the property while the bailor retains the ownership interest in it. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions. In the practice question, Rhonda is acting in the capacity as a bailee. She can only be in possession of the coat and cannot act with the rights of a real owner.