BLTS-9E ISSUE SPOTTER ANSWERS
CH. 35: PERSONAL PROPERTY AND BAILMENTS
1A. Quintana Corporation sends important documents to Regal Nursery,
Inc., via Speedy Messenger Service. While the documents are in Speedy’s
care, a third party causes an accident to Speedy’s delivery vehicle that
results in the loss of the documents. Does Speedy have a right to recover
from the third party for the loss of the documents? Why or why not?
Yes. A bailee’s right of possession, even though temporary, permits the bailee to
recover damages from any third persons for damage or loss to the property.
2A. Rosa de la Mar Corporation ships a load of goods via Southeast
Delivery Company. The load of goods is lost in a hurricane in Florida. Who
suffers the loss? Explain your answer.
The shipper suffers the loss. A common carrier is liable for damage caused by
the willful acts of third persons or by an accident. Other losses must be borne by
the shipper (or the recipient, depending on the terms of their contract). This
shipment was lost due to an act of God.