This Case Is Based on Way Sagless Spring Co

question 63

Essay

This case is based on Way Sagless Spring Co.v.Bevradio Theatres Ltd. ,[1942] O.W.N.236.The plaintiff will claim a bailment in which the bailee,the theatre,has a duty of care to protect vehicles in its lot from risk of harm,and will be liable if damage occurs as a result of a failure to meet its standard of care.The theatre,in its defence,will argue that the relationship was not one of bailment,as in the typical parking lot cases where the lot requires the vehicle to be left in its care and the keys deposited with the attendant.This situation is simply the use of space for the convenience of the patron and for which the theatre receives no remuneration.Moreover,the disclaimer sign was posted in the lot.
The arrangement here may be described as a gratuitous bailment for the benefit of both the bailor and bailee.The patron receives the benefit of free parking while attending the theatre and the theatre receives the benefit of the patron's attendance by providing the service.In such a case,the standard of an ordinary prudent person applies.The court held that the theatre,having invited the public to attend,offered a further inducement to do so in the form of free parking.By offering this inducement it undertook to take care of the patrons' cars.There was no evidence that the disclaimer sign was brought to the driver's attention.Furthermore,after noticing the free parking sign,patrons were unlikely to look for additional signs.
-Jack was a licensed mechanic employed by the Zippy Car Rental Co.He maintained all of Zippy's cars between rentals at several locations in the same city.Jack spent portions of each day at the various Zippy locations working on the vehicles.As was the custom of the trade,Jack owned his own tools,which he used in the performance of his work although he was an employee of Zippy.
At the end on each day Jack usually packed up all of his tools in his trunk and took them home.This way he would be able to go directly from home to the first location that had work scheduled for him without having first to retrieve his tools from a specific company location.One evening Jack left his tool box at the location where he was working since he would be returning there to finish work the following morning.
When he returned in the morning he discovered that his tools had been stolen.Jack decided to take legal action against Zippy for the loss of his tools.Identify the arguments that will be raised by the parties and render a decision.

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