Wednesday, December 23, 2009

Ellish v. Airport Parking Co.- (Supreme Court, Appellate Division, Second Department of New York, 1973)

Han Solo and Chewbaca had finished deactivating the hyperdrive in the Alderan system when they noticed that there no longer was a planet present, merely a vast debris field. Before long, the Millennium Falcon was pulled via automated tractor beam into the docking bay of what initially appeared to be a moon, but was in fact the space-station the "Death Star". Han and Chewie (along side Luke, Obi-Wan and the beloved droids) deboarded the Millennium Falcon and began adventuring around the station, in an attempt to save a certain wayward princess, carefree of the posted signs that stated that the Empire was not responsible for any damage to vehicles in the docking bay.

As the rag-tag group of adventurers concluded their initial escapades aboard the station, they returned to the Falcon only to find that it was missing, apparently stolen by several intoxicated stormtroopers while it was stored inside the Death Star docking bay.

Han later pressed charges for damages against the Empire, claiming that the Millennium Falcon's placement inside of the docking bay amounted to a bailment, and the failure of the Empire to return the ship in the condition it was bailed was a prima facia case of failure in acting the part of the bailee.

The Imperial Court held (unsuprisingly) that the arrangement did not amount to a bailment due to an analysis on six criterion: the open and obvious nature and location of the Death Star docking bay, the impersonal nature of the tractor beam service and a total lack of communication between the Death Star docking bay crew and Han Solo, the fact that Han retained the start up codes for the Millennium Falcon at all times, that there were posted warnings regarding the Empire's liability for docked vehicles, and the fact that with so many stormtrooper patrols, other vessels and TIE fighters coming and going about in the docking bay, that it would be impossible to keep tabs on one ship. Further, as Han was unable to provide evidence of negligence on the part of the Empire's docking bay crew, the court found for the Empire.

There was however a dissent, which noted that Han had no choice in the matter of docking his ship, and that the Millennium Falcon could not be controlled or released from the docking bay without the tractor beam being deactivated by the docking bay crew (or the work of subterfuge by Obi-Wan).

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