BU231 Study Guide - Final Guide: Bailment, W. M. Keck Observatory, Condonation

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15 Dec 2017
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If you include a term in the k where you want the jurisdiction to be, it does not overrule all other factors, the court can overrule this and decide where it will be. It is just a factor in the courts decision. If the bailee breaches, it is almost like a tort, but you sue under bailment. Sue for the loss that arose due to the damages to the goods. If the bailor breaches, it has to be a contract. But have the extra right to sue for lien and law. The bailee cannot take back a good they have already given back to bailor if the bailor has not paid. Cannot have right of sale if you do not have right of lien. Bailee owes duty of care until it is out of their possession. For any shortfall, bailor has to pay the difference to the bailee (bailee can sue the bailor for the amount left)