Reference no: EM132184010
Scenario:
Debbie took a vintage Omega watch that she bought at a flea market to Harry's Custom Jewelers and asked if they could clean and service the watch.
Omega recommends that all watches be serviced on a regular basis. A service at an authorized Omega dealer can cost several thousand dollars. Harry's Custom Jewelers was not an authorized Omega dealer, but advertised that they service all kinds of watches, including Omega watches.
Debbie signed Harry's Custom Jewelers' standard order form that stated how much she would pay for the work and when the work would be completed. Harry's Custom Jewelers promised that Debbie could have her watch back in two weeks and that it would be "good as new."
It turns out that Harry's Custom Jewelers does not actually service watches, but sends them to a watch repair shop in Brooklyn, New York. (Harry's Custom Jewelers did not tell Debbie that it does not do the work). Harry's Custom Jewelers sends the watches to Brooklyn by Federal Express, but to save money does not declare what its ships and does not insure the shipment.
Harry's Custom Jewelers put the watch in the Federal Express box outside of a Mailbox Etc. This was the last time anyone saw the watch. 2 weeks later Harry's Custom Jewelers contacted the repair shop in Brooklyn to see how the repairs were progressing and was told that the watch never arrived. Federal Express has no record of the shipment.
Was a bailment created when Debbie left the watch with Harry's Custom Jewelers? If so, what kind of bailment?
If you believe a bailment was created, who was the bailor and who was the bailee?
If you believe a bailment was created, what were the duties of the bailor and what were the duties of the bailee?
Who is responsible for the watch? Debbie? Harry's Custom Jewelers? The Jeweler in Brooklyn? Federal Express? Mailbox Etc.?