Question
I am struggling with bailments and what establishes them. Is anyone able to talk me through the scenario below? Irma McDonald is a farmer who
I am struggling with bailments and what establishes them. Is anyone able to talk me through the scenario below?
Irma McDonald is a farmer who toiled all season growing and harvesting her grains. As she does each year, Irma transported the grain to market for sale. Acme Grain Storage, Inc., placed the grain in their grain elevators. According to Acme, Irma's grain was worth $5000. When Irma requested a receipt from Acme verifying the weight, bushels, and value of the grain, and Acme employee informed Irma that the computer was "down" and that they could only provide her with a receipt once the computer was functioning.
The next day Irma returned to the Acme grain storage facility and asked for $5000 for her grain. A different Acme employee told Irma that he could only give her a check if she had a receipt. Irma explained that the Acme computers were malfunctioning when she had brought in the grain.
The Acme employee retorted that the computers had "never malfunctioned" and did not provide Irma with her check.
Had a bailment been created? What are Irma's damages, if any, and what tangible or intangible evidence could Irma potentially produce that would corroborate her story?
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