23 23-2. Duties of the Bailee. Orlando borrows a rototiller from his neighbor, M

Question

23 23-2. Duties of the Bailee. Orlando borrows a rototiller from his neighbor, Max. Max has not used the rototiller for two years. Orlando has never owned a rototiller and is not familiar with using one. Max previously used this rototiller often, and if he had made a reasonable inspection, he would have discovered that a blade was loose. Orlando is injured when the blade becomes detached while he is rototilling his garden. (See Bailments.) 1. Can Orlando hold Max liable for his injuries? Why or why not? 2. Would your answer be different if Orlando had rented the rototiller from Max and paid a fee? Explain.

Explanation / Answer

1. In a gratuitous bailment, Bailee can make bailer liable with regard to known faults only, but not to un-known faults

In the given case no benefit is being received by Mr. Max, so it is a gratuitous bailment. Max does not know that the edger has a fault and therefore he cannot be held liable.

2. In a Non gratuitous bailment, Bailee can make bailer liable with regard to both known faults and un-known faults as its bailer duty to disclose all known faults and un-known faults to Bailee.

In the given case rent is being charged by Mr. Max, so it is a non gratuitous bailment. Even though Max does not know that the edger has a fault, still he will be held liable as he is failed to disclose the fault to Bailee

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