Meteorite Destroys Warehouse In Auckland, NZ
vik writes "According to local media, multiple eye witnesses are reporting that a meteorite crashed into a warehouse in Auckland, New Zealand last night, setting it on fire. The warehouse roof was destroyed but no nearby buildings were damaged and there was only one minor casualty — a man who happened to be inside the building at the time. The fire service have not yet made an official announcement."
A meteor hits a warehouse...setting it on fire. This is the classic hypothetical example used when teaching the law of bailment in first year property class to law students.
What kind of warehouse I wonder? Did they hold on to their own goods only - or those belonging to others?
Every law student learns in first year property that a bailee of goods for hire is absolutely liable for them, even if the proverbial meteor falls from the sky and destroys them. That's the common law - and the over the top example literally used in the texts to make the point, too. And this happened in New Zealand - a common law country.
Problem is, the warehouse, if it is holding goods belonging to others, probably isn't insured for this. The insurer will claim Act of God. (And if "Act of God" is to mean anything in an insurance contract, it probably means a meteor). The warehouse owner will say "these goods not destroyed by a meteor - they were destroyed by fire, and we're insured for that".
The insurer will say "hell no; we're not paying." And off to court this will go.
Were the goods destroyed by a fire - or by a meteor? Because either way, the bailee is on the hook.
The resulting litigation answering that question will go down in the history books - and be subsequently learned by every law student in the common law world in their second month of law school - for the next several centuries.
.Robert