Bailments: Curtis is an executive on a business trip to the West Coast. He has d

Question

Bailments: Curtis is an executive on a business trip to the West Coast. He has driven his car on this trip and checks into the Hotel Ritz. The hotel has a guarded underground parking lot. Curtis gives his car keys to the parking lot attendant, but fails to notify the attendant that his wife's $10,000 fur coat is in a box in the trunk. The next day, on checking out, he discovers that his car has been stolen. Curtis wants to hold the hotel liable for both the car and the fur coat. Discuss the probable success of his claim.

Explanation / Answer

Curtis must prove that the bailment relationship existed between him and the hotel. The two conditions must be satisfied for this

Now as the facts of the case say, the hotel did satisfy the two conditions for car as it knowingly took possession of the car. Failure to return car is an act of negligence and the hotel will be liable for the cost of the car and other regular items in the car.

But the fur coat was not knowingly accepted by the hotel so no bailment relationship exists between Curtis and the hotel. Therefore hotel is not liable for the fur coat.

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