Legal Question in Civil Litigation in Illinois

Indefinite Bailment

Sir:

I have some questions concerning an indefinite bailment:

1. What responsibility does the bailor have toward the welfare or maintenance of a mutually owned

chattel during a mutual bailment when the bailment is more than 50% for the bailee's benefit?

2. When is the bailee's responsibility for the safe-keeping of the chattel, in an indefinite, mutual

bailment, considered terminated?

3. Can a statute of limitations applicable to a long-time indefinite bailment go into effect before the

bailment is terminated?

4. When, after many years, the bailor becomes aware that the bailee has been negligent in the care of the

chattel, is the bailor entitled to compensation for the chattel's loss of value sustained by his portion of the

property?

I also have another question concerning a different subject:

May a municipality legally adopt an ordinance making landlords responsible, without their consent, for

unpaid utility bills owed to the city by their tenants?

Thank you. Dr. H. B. Riley


Asked on 6/16/01, 11:49 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Indefinite Bailment

The law concerning bailments are creatures of state rather than federal law, and, then-so, typically of the common law rather than statute. Therefore, in order to answer your questions, it is necessary to know the jurisdiction about which you are inquiring.

Although I have previously performed legal research regarding bailments, the general questions you ask are difficult to answer without a specific factual reference. In other words, if you described your situation with more particularity, it would be easier to answer your question. In any event, it seems that it would require legal research.

If the amount at issue is small, I suggest you tap into Findlaw.com, which provides a number of legal resources with which to conduct research. If the amounts at stake are significant, I would suggest obtaining an opinion for an attorney.

Finally, your questions showed obvious signs of intellect and initial research, which I found both interesting and impressive.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; 312-648-1700

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Answered on 8/24/01, 8:02 pm


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