Exam 43: Personal Property and Bailment

Mitch takes his two best suits to Quality Cleaners and receives a ticket as a receipt.Quality tells Mitch his suits will be cleaned and will be ready to be picked up on Monday.Another customer overhears the exchange and early on Monday goes to Quality,convinces the worker he is Mitch but that he has lost his receipt.He identifies and retrieves the suits,which happen to fit him perfectly,too.Quality Cleaners

All bailments have to be by agreement between the bailor and bailee.

Bill was shopping at the mall.As he was walking to Tonne's Department Store,his wallet fell out of his pants.While trying on a new suit,Bill left his leather jacket in the change room.Sue found Bill's wallet.Arnie,a sales associate,found his coat.What kind of found property is Bill's wallet? What kind of property is his jacket? What rights do Sue and Arnie have in the found property?

Lacy set her textbook under her chair in her business law class and then forgot to take it with her when she left the classroom.A janitor later discovered the textbook and gave it to the Dean of the Business College.In this situation,

The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made during the donor's lifetime and a gift causa mortis is a gift is made after the donor's lifetime by the donor's estate.

In order to constitute as a gift,

Which of the following is/are generally subject to a standard of strict liability for bailed goods?

If one party makes accessions without agreement and the improvements can be "undone" without damaging the property,the improver must undo them.

Discuss whether or not the following common transactions are bailments and if so,who is the bailor/bailee,and what type of bailment is involved. A)Renting storage space in Farmer's Frank's huge barn to keep your classic car out of the snow and ice of winter.The rental agreement provides for $100/month rent and Farmer Frank has the only access to the barn. B)Hiring a moving company to move your belongings to a new residence. C)Loaning your lawn mower to your neighbor. D)Parking your car in a "park and lock" parking lot.

Stephen wants to give his niece,Dawn,a piece of jewelry as a gift.Stephen gives Tracy,his agent,the bracelet to take to Dawn.The delivery element of making a gift has been completed.

In January,Erwin told David,his nephew,that he would give him a car when he graduates from college.David graduated in May.If Erwin refuses to give David a car,David can sue him for breach of an inter vivos gift.

Farmer Fred is leasing pasture land from Wealthy Warren.Farmer Fred is working the soil to turn the pasture land into land that will be able to grow crops.As Farmer Fred is preparing the field,he discovers a treasure chest full of gold and silver coins.The coins are all dated before 1810.A finder of treasure trove under common law,

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California.As a bailee,Charles is automatically entitled to use Tuan's car while Tuan is away.

Bruce tells his son,"You can have my 1990 truck,but if your grades fall,I'm taking it back." Bruce

Buck,fearing death from severe injuries suffered in a machinery accident,assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl,a friend,who gladly accepts.Buck ends up recovering from the injuries.Why must Pearl give the certificate of deposit back to Buck?

Griffith Manufacturing ships 40 crates of goods by Trusty Shipping,a common carrier.Trusty offers Griffith a shipping rate of $725 for a limited liability of $5,000 or a rate of $975 for full liability for any harm to the goods.Griffith chooses the $725 rate.In transit,Trusty's driver has an accident during an ice storm and all of Griffith's goods are destroyed,causing a loss of $12,000.If Griffith sues Trusty,

If property is mislaid,the finder of the property will have a superior claim to possession of the property against everyone except the true owner.

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a

A bailee always has a right

Jake owns an old piece of exercise equipment.He has been using the equipment merely to hang his clothes on,so Jake decides to get rid of the thing.He takes the unused exercise machine to the landfill and throws it off the back of the truck.Maggie,a teenager,is at the landfill rummaging for useful items.Maggie sees the exercise equipment and decides it is just the thing to give her sister for Christmas,so she decides to take it home.As she is loading it into the back of her pickup truck,Jake stops and tries to get it back.The landfill owner sees the commotion and decides he would like to have the equipment as well.Who has the best rights in the exercise equipment?