CONCEPT SUMMARY

SPECIAL BAILMENTS
Type of Bailee Warehouse company Liability Ordinary negligence Limitation on Liability May limit the dollar amount of liability by offering the bailor the right to declare a higher value for the bailed goods for an additional charge.

Common carrier

Strictly liable except for: 1. Act of God 2. Act of a public enemy 3. Order of the government 4. Act of the shipper 5. Inherent nature of the goods

May limit the dollar amount of liability by offering the bailor the right to declare a higher value for the bailed goods for an additional charge. Innkeeper Strictly liable State innkeepers statutes limit the liability of an innkeeper for others negligence.

3 varieties of theft: 1) larceny (theft of personal property), 2) false pretenses (fraud), and 3) embezzlement. As we go though this course, we will start to learn to look for the "elements" of legal phenomena--the basic building blocks for defining a crime or a tort or a contract, etc. The elements tell us what the plaintiff or prosecutor must plead and prove to win the case. What are the elements of each of these 3 theft-crimes? Does knowing those elements help us to recognize how each differs from the others?

Now, what are the elements of robbery? Burglary? How are these different from plain theft? If we pick up the newspaper tomorrow and see that some accountant has been arrested for theft, which of these crimes would we expect to see the prosecutor charge? That is, which one(s) does the accountant's professional work put him or her in an especially good position to commit?