Exam 27: Personal Property and Bailments

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Logan borrows Morris's bike to ride over mountain trails. The bike is damaged during the ride. Liable for the cost of repairing the bike is​

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For estray statutes to apply, property must be mislaid, not merely lost.

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A finder of lost property can claim title to the property against the whole world-including the true owner.

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The implied warranties of merchantability and fitness for a particular purpose extend to bailments that include rights to use the bailed goods.

(True/False)
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EquipLease Company leases a thresher to Farm Harvest, Inc., a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is​

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Shari owns a television, video games, and stock in the game company Time Travel, Inc. Shari's intangible property includes​

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All transactions involving the delivery of property from one person to another create a bailment.

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Constructive delivery is not necessary for gifts of intangible personal property.

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In a bailment of fungible goods, the bailee must return the identical goods given by the bailor.

(True/False)
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Estray statutes make it possible for finders to acquire legal title to the property they find.

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Fact Pattern 27-1 Truck & Transfer Inc. agrees to pick up two containers for United Home Products Corporation and store their contents, to be delivered later. While Truck & Transfer un-loads one container, the other disappears from the company's loading dock. -Refer to Fact Pattern 27-1.These facts give rise to​

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Barney's Burgers requires that its employees wear uniforms and protective clothing on the job. Barney's provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states, "Barney's is not responsible for the loss of any property in the locker room." Chuck, a Barney's employee, changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift, the wallet and watch are gone. Does Chuck's leaving personal items in the locker room constitute a bailment? If so, what type of bailment? If not, what legal relationship is it? Does Barney's sign exculpate the company for Chuck's loss? Why or why not?​

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Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts, QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession, the machine is damaged. QuikFix can recover for the damage from​

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Angela is in good health and sound mind when she gives Brianna a quarter horse. Brianna accepts. This is a gift​

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Enrico leaves his Ford sport utility vehicle at Gordo's Auto Service for an oil change. This is​

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Common carriers can contract away their liability for damaged goods.

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Confusion of fungible goods results in the owners' loss of their rights in the property.

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Gary tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies, but he does not add this to his will. This is​

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Constructive delivery confers the right to take possession of an object.

(True/False)
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Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if​

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