Question 1

In the Tannenbaum v.New York Dry Cleaning,Inc.case:

Accepted Answer

A)  there was a bailment for hire, and the fact that the bailee was unable to return the bailed item except in a damaged condition created an irrebuttable presumption that the damage to the item was attributable to the bailee's negligence. 
B)  the court stated that a company cannot, under New York law, use an exculpatory clause to relieve itself from liability for the consequences of its own negligence. 
C)  the court found that the claimant was not bound by the terms of the dry cleaning company's limitation clause because, even if it applied to the situation before the court, the claimant had not read the clause nor had he assented to its terms. 
D)  the court found that the claimant was negligent in not reading the limitation clause on the back of his claim ticket, so he could not recover the cost of his shirt. 
A)  there was a bailment for hire, and the fact that the bailee was unable to return the bailed item except in a damaged condition created an irrebuttable presumption that the damage to the item was attributable to the bailee's negligence. 
B)  the court stated that a company cannot, under New York law, use an exculpatory clause to relieve itself from liability for the consequences of its own negligence. 
C)  the court found that the claimant was not bound by the terms of the dry cleaning company's limitation clause because, even if it applied to the situation before the court, the claimant had not read the clause nor had he assented to its terms. 
D)  the court found that the claimant was negligent in not reading the limitation clause on the back of his claim ticket, so he could not recover the cost of his shirt.

Question 2

Bertha,from Chicago,traveled to San Francisco to attend a conference.Her sister,Martha,lives in San Francisco and consequently,Bertha made arrangements to spend a couple of days with her sister.The next morning sitting at the breakfast table,Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue).Luckily,Martha wears the same size of shoes and lends Bertha a pair of black leather pumps.During the day,the shoes are damaged while Bertha is wearing the shoes.Bertha's duty of care would be a duty of:

Accepted Answer

A)  extraordinary care, because this is a bailment for the sole benefit of the bailee. 
B)  ordinary care, because this is a bailment with both parties receiving mutual benefits. 
C)  only slight care, because this is a bailment for the sole benefit of the bailor. 
D)  none, as the sisters would share without condition. 
A)  extraordinary care, because this is a bailment for the sole benefit of the bailee. 
B)  ordinary care, because this is a bailment with both parties receiving mutual benefits. 
C)  only slight care, because this is a bailment for the sole benefit of the bailor. 
D)  none, as the sisters would share without condition.

Question 3

Ali took a seat at a booth at Midway Diner.Between the salt and pepper shakers,Ali noticed something glittering.It was a diamond ring.The ring is:

Accepted Answer

A)  abandoned property. 
B)  an accession. 
C)  mislaid property. 
D)  treasure trove. 
A)  abandoned property. 
B)  an accession. 
C)  mislaid property. 
D)  treasure trove.

Question 4

Sarah works for a company that has offered a promotion if she was willing to relocate.Sarah accepted the position and put her house on the market right away.She sold her house the first day that the realtor held an open house.The buyer agreed to pay cash for the full purchase price of the house.Sarah was thrilled,except that it meant that she would have to put her furniture in storage until she found another house in her new city.She entered into a written contract with Safe Storage,Inc.The agreement included a clause excusing Safe Storage,Inc.from any liability for loss or damage,even if the loss or damage resulted from Safe Storage's negligent acts.Because of Self Storage's negligence,a fire destroyed the warehouse and all of its contents,including Sarah's household goods and furniture.Sarah claims that Safe Storage,Inc.is liable for the full value of the contents,which is approximately $10,000.Is Sarah correct?

Accepted Answer

A)  Yes, because storage warehouses are strictly liable for loss or damage, regardless of fault and regardless of exculpatory clauses. 
B)  No, because there was equal bargaining power between Sarah and Safe Storage, Inc. 
C)  Yes, because exculpatory clauses are illegal and never enforceable. 
D)  Probably, because often a court will reject an exculpatory clause against a bailor who is a consumer. 
A)  Yes, because storage warehouses are strictly liable for loss or damage, regardless of fault and regardless of exculpatory clauses. 
B)  No, because there was equal bargaining power between Sarah and Safe Storage, Inc. 
C)  Yes, because exculpatory clauses are illegal and never enforceable. 
D)  Probably, because often a court will reject an exculpatory clause against a bailor who is a consumer.

Question 5

Rhonda is a server in a restaurant.One day she finds a purse while clearing a table.The purse is most likely:

Accepted Answer

A)  lost property. 
B)  mislaid property. 
C)  treasure trove. 
D)  abandoned property. 
A)  lost property. 
B)  mislaid property. 
C)  treasure trove. 
D)  abandoned property.

Question 6

Dersett Trucking hauls granite for the major granite companies in Minnesota.Dersett Trucking does not make its trucking services available to the general public.Dersett Trucking is a contract carrier and does not incur strict liability.

Accepted Answer

A) True 
 B)False

Question 7

Most of the goods contained in a freight train (a common carrier)were destroyed when a tornado wrecked the train.The carrier was sued for damages by all the shippers that had merchandise on the train.Is the carrier strictly liable for the damage done to the goods by the tornado?

Accepted Answer

Generally common carriers are strictly l

Question 8

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:

Accepted Answer

A)  Trusty will be liable for only $5,000 because a common carrier is allowed to limit its liability by contract. 
B)  Trusty will be liable for the full $12,000 because common carriers have strict liability. 
C)  Trusty will automatically be liable for the full $12,000 under the Carmack Amendment. 
D)  Trusty is subject to normal bailment rules and can escape liability for any damage to the goods by proving that it exercised due care of the property and that the loss was caused by an act of God. 
A)  Trusty will be liable for only $5,000 because a common carrier is allowed to limit its liability by contract. 
B)  Trusty will be liable for the full $12,000 because common carriers have strict liability. 
C)  Trusty will automatically be liable for the full $12,000 under the Carmack Amendment. 
D)  Trusty is subject to normal bailment rules and can escape liability for any damage to the goods by proving that it exercised due care of the property and that the loss was caused by an act of God.

Question 9

Personal property means all property other than:

Accepted Answer

A)  soil, plants, and trees removed from the land. 
B)  minerals and crops removed from the land. 
C)  land and all things permanently attached to the land. 
D)  intangible property. 
A)  soil, plants, and trees removed from the land. 
B)  minerals and crops removed from the land. 
C)  land and all things permanently attached to the land. 
D)  intangible property.

Question 10

The element that distinguishes a contract from a gift is:

Accepted Answer

A)  performance of the offeror's or donor's promise. 
B)  the element of consideration which is present in a contract, but not in a gift. 
C)  whether or not the offeree or donee accepts the offer. 
D)  whether or not the subject of the gift or contract is illegal. 
A)  performance of the offeror's or donor's promise. 
B)  the element of consideration which is present in a contract, but not in a gift. 
C)  whether or not the offeree or donee accepts the offer. 
D)  whether or not the subject of the gift or contract is illegal.

Question 11

A bailment was created for the parties' mutual benefit.This means that the bailee must use ordinary care with the property.

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

A bailment relationship can be created with respect to either real or personal property.

Accepted Answer

A) True 
 B)False

Question 14

Discuss a bailor's liability for defects in the bailed property.

Accepted Answer

The bailor's liability for defects depen

Question 15

After a meeting with his advisor to register for a class at State University,Ron forgot his calculator in the dean's outer office.Theresa,another student,found the calculator.The calculator is treasure trove and Theresa may keep it.

Accepted Answer

A) True 
 B)False

Question 16

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon.This is:

Accepted Answer

A)  a testamentary gift. 
B)  an inter vivos gift. 
C)  an executed gift. 
D)  a gift causa mortis. 
A)  a testamentary gift. 
B)  an inter vivos gift. 
C)  an executed gift. 
D)  a gift causa mortis.

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

Tommy is going to have heart surgery.He is afraid that he will not survive,so he gives his favorite ring to his friend,Rod.Rod is aware of Tommy's apprehensions.Tommy survives the surgery and wants his ring back.Who is entitled to the ring and why?

Accepted Answer

Tommy gets the ring back.This type of gi

Question 19

Select the correct answer:

Accepted Answer

A)  Rosie rents a locker at the airport, and she puts a bag in the locker. Rosie keeps the locker key. In this case, the bag has been delivered to and accepted by the airport. The airport is a bailee. 
B)  Hill rents a boat to Dan. The boat is located at a lake 30 miles away. Hill gives Dan keys to the boat. Dan drives to the lake and takes possession of the boat. In this case, the boat has been delivered to and accepted by Dan, and Dan is a bailee. 
C)  Unknown to Lon, Jeff left a bike at Lon's house. Lon has not found the bike and he is not likely to find it because Jeff left the bike under the front porch. In this case, Lon is a bailee of the bike. 
D)  Ken parked a car in a self-service lot and Ken kept the keys. The parking lot is a bailee. 
A)  Rosie rents a locker at the airport, and she puts a bag in the locker. Rosie keeps the locker key. In this case, the bag has been delivered to and accepted by the airport. The airport is a bailee. 
B)  Hill rents a boat to Dan. The boat is located at a lake 30 miles away. Hill gives Dan keys to the boat. Dan drives to the lake and takes possession of the boat. In this case, the boat has been delivered to and accepted by Dan, and Dan is a bailee. 
C)  Unknown to Lon, Jeff left a bike at Lon's house. Lon has not found the bike and he is not likely to find it because Jeff left the bike under the front porch. In this case, Lon is a bailee of the bike. 
D)  Ken parked a car in a self-service lot and Ken kept the keys. The parking lot is a bailee.

Question 20

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.

Accepted Answer

A bailment involves transferring possess

Exam 44: Personal Property And Bailment

In the Tannenbaum v.New York Dry Cleaning,Inc.case:

Ali took a seat at a booth at Midway Diner.Between the salt and pepper shakers,Ali noticed something glittering.It was a diamond ring.The ring is:

Rhonda is a server in a restaurant.One day she finds a purse while clearing a table.The purse is most likely:

Dersett Trucking hauls granite for the major granite companies in Minnesota.Dersett Trucking does not make its trucking services available to the general public.Dersett Trucking is a contract carrier and does not incur strict liability.

Most of the goods contained in a freight train (a common carrier)were destroyed when a tornado wrecked the train.The carrier was sued for damages by all the shippers that had merchandise on the train.Is the carrier strictly liable for the damage done to the goods by the tornado?

Personal property means all property other than:

The element that distinguishes a contract from a gift is:

A bailment was created for the parties' mutual benefit.This means that the bailee must use ordinary care with the property.

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.

A bailment relationship can be created with respect to either real or personal property.

Discuss a bailor's liability for defects in the bailed property.

After a meeting with his advisor to register for a class at State University,Ron forgot his calculator in the dean's outer office.Theresa,another student,found the calculator.The calculator is treasure trove and Theresa may keep it.

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon.This is:

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.

Tommy is going to have heart surgery.He is afraid that he will not survive,so he gives his favorite ring to his friend,Rod.Rod is aware of Tommy's apprehensions.Tommy survives the surgery and wants his ring back.Who is entitled to the ring and why?

Select the correct answer:

Introduction To Law

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