When a bailor's goods are not returned or are returned in a damaged condition

Question

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In order for a bailor to recover damages for goods that were not returned or were returned in a damaged condition, the bailor must prove that a bailment existed between the parties and show his loss. This may require presenting evidence of the terms of the bailment agreement and the standard of care agreed to by the parties. The bailee's liability may be limited if there is an exemption clause in the bailment agreement, but such a clause would not necessarily absolve the bailee of all liability. Gratuitous bailments, where no consideration is exchanged, still give rise to a duty of care owed by the bailee to the bailor.

When a Bailor's Goods Are Not Returned or Are Returned