Exam 29: Personal Property and Bailments

Rick Link,an amateur archaeologist in Idaho,uncovered artifacts from a Native American NezPerce burial ground that was several hundred years old and belonged to the tribe.Ancestors of the present-day tribe had made the artifacts and buried them with their dead.The tribe asked a court to award to it custody of the property,which included burial pots,ornaments,and pottery.Link claimed that the property had been abandoned and that he could therefore claim title to the goods because he had taken possession of them.A court would most likely hold for Link because the property was abandoned.

HerbsRUs,Inc.hired CMT Trucking Inc to transport 100 pallets of fresh herb plants to stores in eastern Oregon and southwest Idaho.Each pallet held at least 25 plants.The truck experienced significant delays because of wildfires and unexpected detours along I-84.All of the plants perished in CMT's trailer,causing over $10,000 in losses.CMT is not liable because the wildfires and detours were acts of God.

In a bailment for the sole benefit of the bailee,any ordinary and expected expense incurred in the use of the bailor's property must be borne by the bailor.

While visiting her uncle,Jackson remarked that she admired her uncle's collection of rare books.Her uncle then said to her,"I've been meaning to tell you that I want you to have them.Instead of leaving them to you in my will,I'm going to give them to you right now.You can consider the books yours.However,please keep them here on my shelves so that my library looks full." Would a court hold that Jackson owns the books? Explain.

Mashevida and Mei-Ling own a house as tenants in common.When Mei-Ling dies,her share of the house:

Rare art was stolen from the Zerba Art Museum during a war and thirty years later is located in the Alpha Art Museum in another country.Who has title to the art,if Alpha did not know the art was stolen?

Jason has observed an old car parked in the alley behind his apartment for three months.It has no license plates on it and the tires are flat.Jason concludes that the car has been abandoned and takes possession of the car,gets it running,and decides to use it in a demolition derby.At this point,Alex claims that the car is his.To have title to the car,Jason must prove:

Suppose that Darrell leaves his new Dodge Ram 2500 pickup truck with Alyce,while he is on business in another country.Darrell and Alyce agree that she will store the pickup truck in her shop,but she has permission to use it if she needs to.One day Alyce,while using the pickup,hits a fence causing nearly $10,000 in damages to the truck.Alyce is not liable to Darrell because this was a gratuitous bailment.

Tammy leaves her car under Emilia's carport while flying to visit her grandmother.Emilia allowed Tammy to do so as a favor.Emilia uses the car to go to her office though she had not been given any permission to do so.One day she meets with an accident and the car is damaged.Which of these is correct?

Tomas takes out Josefina to a very nice restaurant Broadway Blues,and puts his coat on the coat rack by the front door.When Tomas finishes his dinner,he returns for his coat but it is missing.He talks to the manager of the restaurant who claims Broadway Blues is not responsible for the coat.He is correct.

Jason Jets,Inc.asked Southern Transport,a common carrier,to carry extremely hazardous jet fuels to one of its bases in another state.Was Southern within its rights when it refused to transport the fuel? Why or why not?

When Tammy purchased a television from her neighbor,Andy,she paid a fair market price.Andy moved shortly thereafter to an unknown location,and Tammy was shocked to learn that her television was a stolen article.It had actually belonged to Olive.Tammy believes that she will not have to surrender the television or at least Olive should share the financial loss by paying her half of what she paid Andy,since Tammy asserts that she is an innocent victim.Carefully discuss Tammy's beliefs.

The gift of an engagement ring is a conditional gift given in contemplation of marriage.

When booking a $150 one-night stay at Marriott,Marriott places a $250 "block" on Jasmine's credit card.She is outraged and alleges that Marriott cannot do that.Jasmine is correct.

If Phil finds an iPhone in the men's room at a restaurant,it is most likely ________ and Phil should ________.

A constructive bailment occurs when property is transferred to another person without either party giving or asking for payment of any kind.

If an abandoned shipwreck is found outside the boundaries of a state,what law applies?

Viola checked her mink coat at the Landmark Theatre cloakroom while attending a play and was given a claim ticket.After the play,she handed the ticket to the person at the counter,but her mink coat could not be found.What must be proven concerning negligence?

When personal property is owned as community,it is said to be owned by both parties,50-50.

Anna finds a ring on the sink ledge of a restroom for use by customers of Red Barn Restaurant.Discuss who has legal custody of the ring.