We are concluding our study of bailments by analyzing hypotheticals illustrating the three types of bailments and the duty of care owed to the bailor in each instance . Today, we addressed storage bailments , as well as parking lot bailments and examined if the bailee had branched the standard of care given the type of bailment. We further addressed bailments when property is delivered to a commercial establishment for repair ,such as a car mechanic or watch repair.I noted that given the flexibility of the term duty of care , each case must be carefully studied based on the specific facts which often determine outcomes.
After addressing the use of liens in the context of a bailment relationship, we reviewed Kaitlin's homework assessing mastery of critical legal terminology in the chapter. We then completed exercises applying the legal principles and terminology as well as the standard of care applicable to each type of bailment relationship. Last, we discussed proof issues in certain bailment situations such as damage to a car in a parking garage. Kaitlin quite astutely noted how cameras ,now in wide use everywhere, could reveal whether the parking garage exercised the proper standard of care or if a car was damaged when it was originally parked .
We began our next chapter, the study of the law of bailments. I defined and provided examples of types of bailments: for the sole benefit of the bailor, for the sole benefit of the bailee , and for mutual benefit where legal consideration is present. I then discussed the different levels of care the bailee must exercise depending on the type of bailment present. Further, I noted how these common law rules are typically altered by contract and by insurance coverage.
We first reviewed the elements for the creation of an easement vs a license and the elements to establish an inter vivos gift. We then applied these rules of law to fact patterns . Kaitlin discussed these interests in property and then for practice for tomorrow's test wrote out the applicable principles of law and the most valid decision . Last, we discussed a controversial case that appeared before the Connecticut Supreme Court wherein the Court invalidated a city ordinance that restricted beach and park access to only residents of the city where the park was located.
In preparation for Wednesday's test on real and personal property, today we worked on practice questions and hypotheticals ,some of which were assigned as homework. We first addressed title to lost vs mislaid property, then the application of principles applicable to joint tenancies, tenancies in common, and community property. Next ,Kaitlin completed and discussed an analysis of adverse possession. We reviewed how to articulate a principle of law and then how to apply the principle to the given fact pattern. We will continue with these exercises tomorrow.
We examined interests in property including leasehold interests and life estates. Regarding life estates, I addressed the terms reversionary interest and remainder interest. I further reviewed elements of adverse possession. Next , we examined deeds and title insurance. I explained the distinction between a quit claim deed and a warranty deed and explained the purpose and role of title insurance in a real estate transaction. Last, we reviewed Kailtin's homework which evidenced good mastery of the legal terms and the nuances within the legal definitions.
We addressed the distinction between eminent domain and foreclosure as well as different type of interests in real property: fee simple, life estate, and leasehold interest. Additionally, we began a study of adverse possession. We then reviewed Kaitlin's homework defining all of the legal terms in this chapter.
We continued to analyze the different forms of co- ownership such as a joint tenancy, tenants in common and tenancy by the entirety. We focused on the ability of a co owner to mortgage or sell his interest. I further discussed the concept of community property that governs in some states. Next, we examined easements including the creation of easements, and how and why easements run with the land. We noted the use of easements for public utilities as well as for private benefits (for example lake access in. subdivisions.)
