Exam 49: Personal Property and Bailments

Delacroix discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Elvira. This is

Tab stores video equipment with U-Store-It, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to U-Store-It's negligence destroys the equipment. The loss is most likely to be imposed on

Frenchy's Fast Fries (3F) requires that its employees wear uniforms and protective clothing while on the job. 3F 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, "Frenchy's is not responsible for the loss of any property in the locker room." Grant, a 3F 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 Grant'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 3F's sign exculpate the company for Grant's loss Why or why not

Beta Company arranges to have Carrier Corporation, a common carrier, transport fifty HDTVs from New York to California. Dan is Carrier's driver. Carrier will not be liable to Beta for failing to deliver the TVs on time if

In most bailments, the bailee can retain the goods given by the bailor and return equivalent property.

A bailment of real property is possible.

If the bailed property has been lost or is returned damaged, a court will presume that the bailee was negligent.

Kade and Lila each press certain quantities of olive oil to sell to Mediterranean Products, Inc., and agree to share storage costs until Mediterranean can take delivery. The oil is commingled so that Kade's cannot be distinguished from Lila's. This is

Helen owns heavy construction equipment and the tools to service it, as well as office furniture, including computers. Ilya owns a number of patents, trademarks that identify the products made under those patents, and stock in the company that sells those products. Personal property includes the items owned by

Sid borrows Tony's paint sprayer to paint his house. Uma allows Vic to store his posthole digger in her shed. The party with a right to use the bailed property is

Bob rents a golf cart at Country Club Golf Course. The brakes are worn, and while Bob is driving the cart, they fail. The cart crashes into a tree, and Bob is injured. Country Club could have discovered, with reasonable diligence, that the brakes were worn. Liability for Bob's injuries most likely rests with

A bailment agreement can be express or implied.

A trade fixture is personal property that is installed for a commercial purpose by a tenant.

Property that is leased from a bailor must be fit for the intended purpose of the bailment.

Fanny buys clay to throw pottery, which is glazed and fired in a kiln. The finished products are sold to Gifte Shoppe, which sells these items and others to customers who often present them as gifts. The most common way to acquire personal property is to

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

Jennifer finds a full duffel bag that she believes may be subject to an estray statute. Estray statutes apply to

Inadvertently, Morris leaves his backpack at NuWay Launderers when he stops to pick up his clothes. The backpack is

Rocco gives Sequoia a computer as a gift. Using the computer, Sequoia develops a new computer game, for which she obtains intellectual property protection, and forms Titan Games, LLC, to make and market the game. Sequoia's acquisition of the game is by

Ansel owns Bar-B Ranch. Ansel's only son Cy owns Double-D Ranch in the same county. Ansel gives 90 percent of the Bar-B to Etta, a short-term employee. This gift