Bailment and the Property or Contract Interface

Bailment and the Property or Contract Interface Order Instructions: Please read below for information concerning assignment.

Bailment and the Property or Contract Interface
Bailment and the Property or Contract Interface

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Select TWO of the following scenarios and answer the question presented.

Scenario 1
Mario took his laptop to Oakhurst Electronics for repairs. Oakhurst repaired the laptop at a cost of $200 and told Mario that his computer was ready for pick up. Before Mario came to pick up the computer, Oakhurst was burglarized and Mario’s computer was stolen. Oakhurst used an alarm system that was working properly and all of the doors and windows were properly secured. Mario sued Oakhurst for the cost of the laptop. Oakhurst denied liability and counterclaimed for the $200 in repairs. What are the arguments for each party? Decide which party should win and provide support for your answers with the applicable law and/or text material.

Scenario 3
Gordon rented an apartment in a relatively safe neighborhood in Savannah. The door to Gordon’s apartment had two locks, and one of the locks was a deadbolt designed to prevent burglaries. When Gordon left for work, he engaged both locks; however, when he returned that evening, Gordon discovered that someone had broken into the apartment by forcibly breaking the locks. Gordon incurred a loss of almost $5,000 from property taken by the burglar. Gordon contacted the manager of the apartments who had the locks repaired. The repairs were not entirely successful, because on some occasions the locks did not operate properly. The faulty repair allowed the door to be easily opened whenever someone pushed against the door. Gordon complained about the locks on numerous occasions, but the manager did not take any action. A month after the repair, a burglar again broke into Gordon’s apartment, stealing the brand new items he had replaced from the previous burglary. This time, there was no breaking of the locks. The evidence was that the locks were not working properly at the time of the burglary. Gordon sued the owner for the losses from the two burglaries. What are the arguments for each party? Decide which party should win and provide support for your answer with the
Below is feedback by a professor from previous assignments, please apply.

Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include a robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary

Bailment and the Property or Contract Interface Sample Answer

Scenario 1

Mario would argue that Oakhurst Electronics violated the duty of care as specified in the bailment contract. As such, Mario could claim that, as the custodian, Oakhurst Electronics had the duty of reasonable care, meaning that the repairer was supposed to keep his laptop safe and return it once the repair was facilitated. This duty was defined in Coggs v Bernard. However, the latter violated this obligation, meaning that the agency was liable to Mario (Newman, 2015). Oakhurst Electronics, however, would argue that the company took reasonable care by trying to mitigate the loss of the laptop. He would support this claim by stating that he had a working alarm system in place and that he had duly secured doors and windows. Nonetheless, the court would probably rule for Mario (Newman, 2015). The institution would argue that, while there was sufficient security system, it did not operate that particular day. Thus, Oakhurst Electronics was grossly negligent.

Scenario 3

This scenario concerns the tenancy agreement contract. Based on the facts of the case, Gordon would argue that manager neglected his duty to ensure the safety of the apartment by not confirming the quality of the repairs. Similarly, the tenant might claim that the manager failed to respond to his repair notice appropriately (Collins, 2014). Thus, the incidence of negligence was the proximate cause of the robberies. In the light of this, Gordon would purport that the manager was liable for the damages. The manager, on his part, would claim that Gordon, as a tenant, also had the duty to mitigate the losses by keeping his valuable items safely. Nonetheless, based on the law of tenancy, it is perceptible that Gordon’s argument holds material (Collins, 2014). The landlord or his/her representative must ensure the security of the apartment in the first place before expecting the tenant to safeguard his or her items.

Bailment and the Property or Contract Interface References

Collins, H. (2014). Life Time Contracts: Social Long-term Contracts in Labour, Tenancy and Consumer Credit Law. European Review of Contract Law10(3), 466-472.

Newman, C. M. (2015). Bailment and the Property/Contract Interface. George Mason Legal Studies Research Paper No. LS, 15-12.

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