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Advice to Lloyd

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LW300 TUTORIAL WEEK 12
Advice to Lloyd
The issue in this case is whether there is a bailment. It seems that there is a bailment as the possession and control of Rusty was transferred to Clifton, but not the ownership of the dog. The bailment appears to be gratuitous as the boys were friends. Therefore Clifton will be obliged to satisfy a higher duty of reasonable care even if the bailment is gratuitous because Clifton is a vet specialist . The obligation assigned to Clifton was to look after Rusty which he was consented to. The consent given by Clifton would have made a reasonable person like Lloyd to trust that his dog would be cared for in a professional manner. In fact Clifton had held him out as a person to be trusted to care for the dog because he has a standing as a vet specialist. However in the facts it was noted that he failed in his duty to take reasonable care to feed Rusty which led to its disappearance and death . Clifton has breached his duty of care during the bailment .
In the case of Coldman v Hill, the owner agreed with another man for his cattle to graze in another’s farm. Some of them were stolen and the defendant although had knowledge of this, did not inform the police or take reasonable steps to recover them. The court held that he was liable. In this case, the breach of duty arises directly out of the contract of bailment similar to the issue of Rex and Lloyd. This means, the bailee must show that the loss of the dog was not due to any fault on his part to avoid liability . As stated in the facts Rusty went astray after Clifton had failed to feed him. If he had taken reasonable steps to recover him before he was hit by the car, he would not be at fault and could have a good defense . Besides if Lloyd argued that Clifton was at fault then the onus of proof will be on Clifton . He will have to show that he has taken a reasonable care of

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