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4 pages/β‰ˆ1100 words
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Check Instructions
Style:
APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
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Topic:

Commercial Law: Bailment

Case Study Instructions:

Due: After Unit 9
Length: 1200–1500 words
Weight: 10% of final grade
Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.
Instructions:
This assignment should be done after studying Unit 9 and completing the quiz for that unit.
Complete both case studies.
Case Study A (50%):
Eleni owns and operates a restaurant. During the winter months, it is inappropriate for diners to bring their coats with them to their table. Eleni therefore provides a place for coats to be placed or hung.
Does this arrangement necessarily involve a bailment? Is some other arrangement possible? What is the significance of classifying the arrangement as a bailment rather than something else? Explain your answer, and identify any additional facts that are required before the question can be conclusively answered.
Structure your answer following the Marking Rubric below.
Marking Rubric
Marking Criteria Mark
1. Provides a definition of bailment. /10
2. Identifies another type of legal arrangement which may apply to the scenario and provides a definition of it. /10
3. Identifies the factual elements which must be present in a bailment arrangement. /10
4. Analyzes the scenario and states some questions of fact which must be answered before finally deciding what type of legal arrangement best describes the situation. /10
5. Lists the consequences for Eleni if the arrangement is classified as a bailment. /10
Total /50
Case Study B (50%):
Trevor is a struggling, but very talented, musician. Over the years, he has written many great songs, but has yet to receive any media attention for his good work. Frustrated that he has never been able to achieve commercial success, he recently began to explore the idea of selling or licensing his work to other, already established, pop artists. He comes to your record label seeking to sell certain parts of his copyright.
How do you foresee being able to exploit Trevor's work? Illustrate how Trevor's work could be unbundled and exploited. Does Trevor run any risks in transferring his rights?
Structure your answer following the Marking Rubric below.
Marking Rubric
Marking Criteria Mark
1. Explains the concept of unbundling copyright. /10
2. Describes the rights attached to copyright that may be subject to unbundling. /10
3. Lists some rights which may be attractive for the record label to acquire. /15
4. Identifies some risks Trevor may run in transferring any of his rights. /15
Total /50

Case Study Sample Content Preview:
Commercial Law
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Case Study A
Bailment is transferring individual property to another person for safekeeping or temporary use (Gallant, 2020). A bailment is a relationship arising when an individual (bailor) entrusts their goods to another person (bailee) without the intention of totally surrendering them. According to Gallant (2020), a bailment does not require a contract to be actionable. A mutual agreement between the two parties creates a legal ground for any action. In this case, the bailee is legally responsible for returning the goods to the owner. During the agreement, the property owner retains sole ownership of their goods and takes good care of them. In any case, a bailment is different from a contract sale because the property owner does not transfer to the bailee (Gallant, 2020). Therefore, a bailee has to be ready to accept the goods while the bailor is always aware that the property will be given back to them at the end of a particular period.
As illustrated by Skedsvold (2017), Eleni's arrangement with her customers during the winter period involves a bailment. In this case, a bailment arises when the customer trusts Eleni to take care of their personal properties. Thus, she is responsible for ensuring that the coats are in good condition until they can pick them up. On the other hand, the customers believe that Eleni has to return their coats in good condition regardless of any issues. If there is any damage to the coats, the customers have the legal right to sue Eleni and demand compensation. In the case of Eleni, the other arrangement that could be possible would involve letting the customers understand that she is not liable for any damage to their jackets. Allowing the customers to choose their coats' safety will ensure that the Restaurant doesn't run a loss in any case.
Before classifying an arrangement as a bailment, it is essential to understand the elements of a bailment (Gallant, 2020). In most cases, lawsuits arise over the bailee's inability to return the bailor's property in good condition. Thus to prove the existence of bailment in such a situation, three factors have to be considered. In a bailment agreement, the property has to be delivered to the bailee by allowing them to access the items physically (Padure, 2016). Also, the bailee has to accept to possess and take care of the property entirely. Thus, not everyone can become a bailee because they understand that knowledge and acceptance of bailment conditions are necessary factors. The other element in a bailment is a consideration, in which the bailee and the bailor have to receive a valuable item.
It is essential to classify the arrangement in which Eleni receives coats from her customers as a bailment because it involves transferring a personal item from the customers to her (Gallant, 2020). In this case, the bailors allow Eleni to keep their goods but not own them temporarily. Also, the situation is a bailment because Eleni intends to keep their coats for them. After all, clients do not need to go with them to their dining tables. Eleni is liable for any damage to the coats, and the customers have a right to file a lawsuit in this case. As much as the bailor does not benefit from t...
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