Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

تمرين 15

Michael LaPlace owned a horse named Park Me In First. He entered into a verbal agreement with Pierre Briere Quarter Horses for the care, maintenance, and training of his horses, which, two years later, included Park Me In First. Briere stable was responsible for providing shelter, food, water, training, and grooming to the horses when they were there. Briere stable would also arrange for shoeing and veterinary care for horses at the stable. LaPlace would from time to time remove the horse from the stable in order to ride it and take it to horse shows. While LaPlace was at a horse show, Park Me In First died while being exercised at Briere stable. LaPlace sued the stable, asserting breach of a bailment agreement. Briere said there was no bailment because he did not have complete and exclusive control over the horse. Briere argued that LaPlace had complete access and control over the horse; he would ride it and transport it to shows at his discretion at any time. Briere said at most there was joint control of the horse between the stable and LaPlace, hence no bailment. Was there a bailment?