A bailment is a transfer of possession of personal property without a transfer of ownership; the receiving party agrees to return the property at a later time. Bailor is the owner and transferor of the goods. Bailee the party accepting possession of goods from a bailor. Sub-bailee is the party who received the property from the bailee. John, whose mother’s name, Maria, died. He contacted the funeral home, Thompson Funeral Home, to have the body of his mother cremated and her ashes stored in an urn. The urn was to be held until after the father of John died before deciding of what to do next. Four years later, the father of John died. The funeral home cremated the remains and placed them in another urn. The funeral home sought the instruction of John about what to do with two urns, but John was still unsure where he wanted to bury them. Later, John instructed the funeral home to send the urns to Westside Cemetery for burial in common grounds. Common grounds involve storage vault without marker, which allows easy retrieval, so John would be able to move them later. As per instruction, the funeral home sent the urns to Westside and instructed them to place them in common ground. When John requested retrieval of the urns from Westside, eight years later, the urns could not be found. Then John sued Thompson Funeral Home and Westside Cemetery. Was a bailment contract formed? Who was liable for the lost of urns?
A bailment is a transfer of possession of personal property without a transfer of ownership; the receiving party agrees to return the property at a later time. Bailor is the owner and transferor of the goods. Bailee the party accepting possession of goods from a bailor. Sub-bailee is the party who received the property from the bailee. John, whose mother’s name, Maria, died. He contacted the funeral home, Thompson Funeral Home, to have the body of his mother cremated and her ashes stored in an urn. The urn was to be held until after the father of John died before deciding of what to do next.
Four years later, the father of John died. The funeral home cremated the remains and placed them in another urn. The funeral home sought the instruction of John about what to do with two urns, but John was still unsure where he wanted to bury them. Later, John instructed the funeral home to send the urns to Westside Cemetery for burial in common grounds. Common grounds involve storage vault without marker, which allows easy retrieval, so John would be able to move them later. As per instruction, the funeral home sent the urns to Westside and instructed them to place them in common ground. When John requested retrieval of the urns from Westside, eight years later, the urns could not be found. Then John sued Thompson Funeral Home and Westside Cemetery.
Was a bailment contract formed? Who was liable for the lost of urns?
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