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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110505
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a small rental and production company in NJ. I recently

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I am a small rental and production company in NJ. I recently rented some lights and console to a college school group. While in their possession, some items where stolen. To my mistake, i did not get a standard rental agreement signed by them. They claim they are not liable for replacement of the items. A police report was filed and in my possession. Are they correct they are not responsible since an agreement was not signed? Can it be thought that since its standard practice in the industry that no matter where they went they would have the same policy?
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
They are liable for the loss of your property, even without a signed contract, since they were in control and possession of your property when it was lost/damaged/stolen. When you loan or lease something to someone without any written agreement, they assume liability for that item and have an obligation to return that item to you in the same or similar condition as when you lent it to them. You would have a suit against them for the value, but you need to begin by making a claim with the insurer of the college where the property was located when stolen and then if you get nowhere, you would sue the college group and the college under the theory that the college is liable for groups they sponsor or endorse.

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