Happy Times Bar Restaurant Located Busy Downtown Street Front Part Premises Consisted Bar Q28829811

The Happy Times Bar and Restaurant was located on a busydowntown street. The front part of the premises consisted of thebar and a few small tables where patrons were served drinks. Therear part of the building housed the restaurant, and a patron whowished to obtain a meal at the restaurant was required to passthrough the bar room to reach the restaurant. On the wall of theshort passageway separating the two rooms the owner had installed anumber of coat hooks where employees could place their coats orjackets. Jacobs, a stranger to the community, entered theestablishment for the purpose of obtaining lunch, and as he passedthrough the passageway connecting the bar to the restaurant,noticed the coat hooks. He removed his overcoat, hung it on one ofthe hooks, and proceeded into the restaurant where he was escortedto a table for his lunch. After lunch, Jacobs proceeded to thepassageway to retrieve his overcoat, only to find that it wasmissing. He immediately spoke with the owner, who deniedresponsibility for the loss. Jacobs had just purchased the overcoatthe previous day at a cost of $2,200. Since the overcoat wasexpensive, Jacobs contemplates legal action against theestablishment to recover his loss.

Advise Jacobs. How should he proceed to recover his loss? Whatarguments are likely to be raised by the restaurant owner? .