B LAW402 Lecture Notes - Ship Floodability, Oral Contract, Bailment
Document Summary
The appellant, mr. belter, appeals a provincial court decision where he was found to be negligent in caring for a set of golf clubs which he stored for the respondent, mr. The two men were on a short golfing holiday. At the conclusion of the golf vacation mr. Belter was returning to his home in st. albert, but mr. gaudreau was traveling to calgary to meet his family and continue on a family vacation. Mr. belter, who agreed to store them until the gaudreaus returned to the edmonton area. Mr. belter stored the clubs in his garage. The garage was usually locked, but on one occasion the garage door was left open and the clubs were stolen. Judge allford concluded that this was a gratuitous bailment, that mr. belter had inadvertently left the garage door open overnight, and that leaving the garage door open was negligent. He reviewed three alberta decisions on bailment, the leading case, carpenter v. cargill.