Sisters of Charity of the Incarnate Word, operates a health and Wellness Center. Meaux was a paying member of the Health Center. The rules of the center which Meaux had been given state, "The Health and Wellness Center is not responsible for lost or stolen items." A sign stating, "We cannot assure the safety of your valuables" was posted at the check in desk. The Wellness Center furnished a lock and key to each member but had a master key to open lockers in case a member forgot or lost a key. One day, Meaux went to the Wellness Center and placed his clothes, an expensive Rolex watch, and a money clip with $400 cash in the locker assigned him. On returning from swimming, Meaux discovered that his locker had been pried open and that his watch and money had been stolen by some unknown person. Meaux sued the Sisters of Charity alleging that a bailment had been created between him and the sisters and that the sisters, as bailee, were negligent and therefore liable to him for the value of the stolen property. Was a bailment created between Meaux and the Sisters of Charity? What is required for a bailment to be made?

a) A bailment was not created between Meaux and the Sisters of Charity.  This answer is supported by the two requirements for a bailment to be made, stated in answer b) below.

b) A bailment is the temporary transfer of physical control of an item of personal property from the bailor to the bailee.  It is not a transfer of ownership.

For a bailment to be made, there must be physical control of the bailed item and intention to control on the part of the bailee.  Items kept in the lock are not under the custody of the Sisters of Charity and they did not have any intention to safeguard them; no wonder the rule and warning sign.

Explanation:

The alleged bailee, the Sisters of Charity, did not have any intention to control and there was no way they could have known what Meaux deposited in the lock.  That was why the rules of the health and wellness center clearly declared that the Center was not responsible for lost or stolen items and went further with a sign that "we cannot assure the safety of your valuables."

These rule and sign are good warnings which Meaux should have taken into consideration before enrolling as a member of the center and also before bringing his expensive Rolex watch and cash to the center.

That the Sisters of Charity kept the master key for locks was for the interest of the Center patrons when they lost or forgot their keys.

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