Exam 30: Personal Property and Bailment

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:

In the Albinger v Harris case:

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

If a bailment is for the sole benefit of the bailee which is the level of care he is required to use?

Farmer Fred stay at a Quality Inn when eh goes to Des Moines for the pig auction. He leaves his $25,000 Rolex in the room so as not to reveal him net worth tot he people at the auction. When he returns the watch is gone. Who is liable

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.

Personal property means all property other than:

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?

Sarah works for a company that has offered a promotion if she was willing to relocate.Sarah accepted the position and prepared to move. She hired a common carrier "We Move It" to move her furniture. She entered into a written contract with "We Move It".The agreement included a clause excusing "We Move It" from any liability for loss or damage,even if the loss or damage resulted from "We Move It"'s negligent acts.Because of "We Move It"'s negligence,Sarah's furniture was damaged.Sarah claims that "We Move It" is liable for the full cost of the damage.Is Sarah correct?

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:

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.

Hanna intends to give her granddaughter,Melodee,her antique hat pin.This heirloom has been kept under lock and key in the wall vault in the library of Hanna's house in Virginia.The hat pin is currently the only item in the vault.When Hanna is visiting Melodee in Connecticut,Hanna gives Melodee the only key to the vault.Melodee is grateful for the present and excitedly accepts.In this situation has there been a completed gift?

In order to constitute a valid gift:

The level of care a bailee is held to depends on who receives the benefits of the bailment

A bailee always has a right:

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.

Jerry enters a restaurant and hangs his coat in an unattended cloakroom near the entrance of the restaurant.Even though no employee of the restaurant is present,the provision of the cloakroom makes Jerry think it will be safe.In this situation,the restaurant is a bailee of Jerry's coat.

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

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:

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