Bailee's Liability for Failure to Warn Bailor of Lack of Insurance: Source of the Duty of Care

  • M. M. Litman


The writer presents a detailed analysis of a recent torts case. Thecase is used as a vehicle for examination of several broader legal issues such as: the scope of the duty of affirmative care generated by the relationship of bailment, the characteristics of relationships which give rise to duties of affirmative care, misfeasance versus nonfeasance, and the principle of Hedley Byrne.