Full question:
I have an x box 360 and I pawned it but the thing is when I took it out it was a different screen and my friend told me that that screen could only be put there if it was used on the net so therefore it was used in the pawn shop. What are my rights?
- Category: Bailment
- Date:
- State: Texas
Answer:
When you pawn property, a legal relationship called bailment is created. In this case, the pawn shop is the bailee, and you are the bailor. There are different types of bailments:
- Bailments for hire: The bailee is paid for holding the property.
- Constructive bailment: The circumstances create an obligation for the bailee to protect the goods.
- Gratuitous bailment: No payment is involved, but the bailee still has a responsibility.
In a gratuitous bailment, the bailee has a lower standard of care. If the pawn shop failed to take proper care of your Xbox 360, they could be liable for any damages. If your item is returned in a used condition, you may be entitled to compensation for the difference in value between the new and used item. Courts often use local market rates to determine this value.
To establish a bailment, the bailee must have actual control of the item with the intent to possess it. If the pawn shop did not meet this standard, they might not be held liable. If you believe the pawn shop mishandled your Xbox, you may want to consult a legal professional for specific advice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.