During the appeals process, the Pennsylvania Supreme Court ruled for the defendant and established the law: “The test for determining the validity of the discharge clauses that are not favored by law is set out in [citation]. The treaty must not violate a legal policy. It must be a contract between individuals linked to their private affairs. Each party must be a free trading partner, not just a party involved in a liability contract without Dassrek, but to refuse the entire transaction…. We must exercise a strict interpretation of the agreement and, contrary to the party claiming it, and the agreement must set out the intention of the parties with the utmost specificity. The court was satisfied with the non-responsibility. A bailor can be held liable for negligence. If the bailor receives an advantage from the assessment, it has a duty to inform the leaseee of known defects and to conduct an appropriate review of the other defects. Suppose the Tranquil Chemical Manufacturing Company produces an insecticide to keep the Plattsville Chemical Storage Company in tanks until it is sold. One of the lots is defective and spills out of the tanks.
This acid could have been detected by a routine examination, but Tranquil does not inspect the batch. The tanks leak and the chemical is built on the ground until it explodes. As Tranquil, the Bailor, gained an advantage from storage, it had a duty to warn Plattsville, and its non-compliance makes it responsible for all damage caused by the explosion. Some courts say that Bailee`s liability is the simple standard of “normal care in the circumstances.” The question is whether the Bailee has shown such care. If it did, it is not responsible for the loss. The surrender of the property to the property of the bailee makes an explicit or tacit promise of the Bailee: an example of an involuntary derailment is where a lost wallet or car key must be found and protected until they are properly reinstated – a lawsuit is implied. Another example is when you get a certificate of stock, but it turns out that it is the fake certificate (intended for someone else), it is an involuntary bailee, it did not do a deliberate act to become a bailee.