The Law Offices of Patrick, Swayze, and Zimmerman
This document may contain information that is privileged or confidential. If you are not the
intended recipient, please delete the information and notify us immediately.
To: Legal Assistant
From: Supervising Attorney
RE: Welcome and First Assignment
Welcome to the law firm of Patrick, Swayze, and Zimmerman. We are excited that you are a new
member of the team.
During your time here at the firm, you will be supervised by one of the partners (your professor
in this class). Please understand that even though you have received some legal training, it is
imperative that nothing leaves this office without first being reviewed by your supervising
attorney. Any work that is going to be given to a client, court, or opposing attorney must be
approved and signed by your supervising attorney. Remember, all correspondence with anyone
outside of this office must come from your supervising attorney.
Your first assignment is on the next page.
The Law Offices of Patrick, Swayze, and Zimmerman
This document may contain information that is privileged or confidential. If you are not the
intended recipient, please delete the information and notify us immediately.
A new client recently called and informed me that she accidentally left a valuable item at a
resort. When she returned to retrieve the item, it was missing. Unfortunately, these are all the
details we have at this point. I have performed some basic research and located four cases that
deal with the issue of a bailment what was likely created when the resort indicated that they –
would keep the item for the client.
It is likely that gratuitous bailment was created based on the information we know at this point. a
A gratuitous bailment is created when an individual “…comes into possession of chattel and
exercises physical control over it.” Morris v. Hamilton, 302 S.E. 2d 51 (Va. 1983). Therefore,
there are two elements that the client would have to demonstrate: (1) possession of chattel and
(2) exercise of physical control over the chattel. This should help you create the outline. Make
sure to focus on each of these two elements.
Your first assignment is to read the four cases attached to this document, draft for a basic outline
the Analysis/Discussion section and Remember, this rule one rule explanation paragraph.
explanation paragraph will only discuss one of the two elements/issues and only contain
information from one case (not from multiple cases) .
You may want to consider creating a case brief for each case as a way to remember what each
case discusses. However, these are not required and should not be submitted In addition, make .
sure to review the instructions for how to create an outline and a rule explanation paragraph.
The four cases that you will read are:
Morris v. Hamilton, 302 S.E. 2d 51 (Va. 1983).
K-B Corp. v. Gallagher, 237 S.E. 2d 183 (Va. 1977).
Handelsgesellschaft v. Sheridan Transp. Co., 800 F.Supp. 1359 (E.D. VA 1992).
Zurich American Ins. Co. v. Public Storage, 743 F.Supp. 2d 525 (E.D. VA 2010).
When reviewing the cases, make sure to just focus on the issue of creation of a bailment, not
liability.
