Full question:
A package intended for me was accidentally sent to a UPS Store. The store accepted the package and didn't notify me or the sender for 7 weeks. Now she is refusing to release the package unless is paid an exorbitant fee for storage. I say she has an obligation to return my property that accidentally came into her possession, since she never had any right to accept a package addressed to me in the first place.
- Category: Bailment
- Date:
- State: Colorado
Answer:
The resolution of this issue depends on the specific facts surrounding the package's delivery to the UPS Store. Courts will evaluate the situation based on fairness and the circumstances involved. They may determine that the store is entitled to a reasonable storage fee. However, the delay in notifying you about the package could be deemed unreasonable, potentially absolving you from paying for the storage during that time.
When someone, not acting as a landlord, agrees to hold property for another, a legal concept known as bailment is created. There are different types of bailments: 'bailments for hire' involve payment to the custodian (bailee), 'constructive bailment' arises from circumstances that create an obligation to protect the goods, and 'gratuitous bailment' occurs when there is no payment, yet the bailee is still responsible. In gratuitous bailments, the bailee has a lower standard of care and may be protected from liability through explicit agreements.
In a gratuitous bailment, the bailee must use slight care and is only liable for gross negligence. To establish a bailment, the bailee must have actual physical control of the property with the intent to possess it. Courts consider the expectations of both parties when interpreting physical control and intent. If a court finds that imposing liability would be unfair, it may rule that the bailee did not have the necessary physical control or intent to possess the package.
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.