What are the bailor's duties regarding defects in the chattel according to the law of torts?
Understand the Problem
The question is about legal duties related to bailment and property, specifically regarding the responsibilities of the bailor and owner concerning defects and reasonable care.
Answer
Disclose known defects; reasonably inspect for others.
In bailments for the sole benefit of the bailee, the bailor must inform the bailee of known dangerous defects. In bailments for hire, the bailor must disclose defects known to him or discoverable through reasonable diligence.
Answer for screen readers
In bailments for the sole benefit of the bailee, the bailor must inform the bailee of known dangerous defects. In bailments for hire, the bailor must disclose defects known to him or discoverable through reasonable diligence.
More Information
The bailor's responsibility varies based on the type of bailment and the knowledge of defects, emphasizing the need for reasonable inspection.
Tips
A key mistake is failing to differentiate duties based on the type of bailment. Remember the need for reasonable inspection in bailments for hire.
Sources
- [PDF] Special Rules for Land Conditions and Bailments - Eric E. Johnson - ericejohnson.com
- Torts | Bar Exam Study Materials - brendanconley.com
- Liability of Bailors and Other Suppliers of Personal Property ... - jstor - jstor.org
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