Business Law Chapter 41
Laura claims that Dusty gave her a gift of a pearl necklace. Dusty says he never made such a gift and that Laura has wrongfully retained his property. In an action by Dusty against Laura, the court must determine whether:
Dusty had donative intent.
Mary goes hunting during elk season. While trespassing on Nate's rural land, she shoots an elk. This elk is the property of
Nate.
Willy tells Jimmy, "Jimmy, the doctors say I only have a few weeks to live. Because you've been my best friend for years, I would like you to take my favorite hunting hound, Big Blue." Jimmy, who loves hunting, takes Big Blue home with him. Willy's gift is:
a causa mortis gift and is revocable.
Inadvertently, Brie loses her textbook during an afternoon in City Park. She eventually gives up any attempt to find it. The textbook will then most likely be considered
abandoned property.
On the vacant lot next to Luke's lakeside property is an old sailboat that has been neglected for years. Luke's significant efforts to find out who owns the boat are futile. Luke decides to fix up the boat and use it. He spends time and money in repairing, painting, and rigging the boat. The owner of the boat arrives and demands the boat back. Luke may have acquired ownership rights in the boat by:
accession.
Marcia allows Larry to store a large desk in Marcia's garage until he moves into a bigger apartment. He does not ask her to cover it while it is stored, and he does not supply a tarp. While the desk is in Marcia's garage, Marcia may, without breaching her duty of care,
accidentally splatter several drops of paint on it.
Lane finds a diamond ring lying in a parking lot. She notifies the police, who tell her that the ring is subject to an estray statute. Lane will therefore:
acquire good title to the ring if attempts to find the true owner fail.
Arnold gives Kathy his laptop computer to use while she writes a term paper. The type of bailment they have created is a:
bailment for the sole benefit of the bailee.
Krystal goes shopping at the mall. In the last store she visits, Krystal sets her bags on the counter while getting out her money to pay for her last purchase. When she leaves, she takes all of her bags except one, which she accidentally leaves on the counter. The owner of the store:
becomes the caretaker of the property, because it is mislaid property.
Before going on a business trip, Gina leaves the key to her apartment with Harry. She checks her suitcase at the airport, and boards the plane. A bailment is created when Gina
checks her suitcase.
Allen is staying at the Five Seasons Resort Hotel for a conference. Upon returning to his room he discovers that his laptop computer is missing. He contacts hotel security to report the theft. The hotel can avoid strict liability for this type of incident by all of the following except:
conducting background checks on its employees.
Caleb puts his apples in Christina's storage bin without her permission. The bin already contains apples that belong to Christina. It is now impossible to tell which apples originally belonged to either of them. Caleb's actions have resulted in:
confusion, and Christina has no obligation to Caleb. Caleb's willful act caused the confusion, and Christina acquires title to all of the apples
Samantha installs new cabinets in her kitchen, which are now classified as:
fixtures.
Angie voluntarily transfers her prize-winning horse Beaux to Cady without consideration. Provided all of the requirements are met, this is acquisition of property by
gift.
Taylor finds a World War II-era rifle in the woods. If the rifle is lost property, Taylor's title in the rifle is:
good against all but the true owner.
Charlotte borrows Jason's car for the afternoon to run some errands. Jason knows that the brakes are bad but does not tell Charlotte. The brakes fail while Charlotte is driving and she crashes, injuring Sue. Jason is:
liable for Sue's injuries, because he breached his bailor's duty of care.
While hiking on Mountain Trail, Ness's camera falls from his pocket. He fails to notice its loss for a mile, and is then unable to find it. Ole finds the camera. Pau tries to take it from Ole. The party who can assert the best title to the camera is
none of the choices.
Earl buys a fishing license and goes fishing. He catches a trout, cleans it, cooks it, and eats it. Earl's acquisition of the trout is by
possession.
The legally protected rights and interests that a person has in anything of established value subject to ownership is
property.
Slim owns cattle, a pick-up truck, and stock in Range Corporation, which owns and operates the Big R Ranch. Capable of being involved in a bailment is
the cattle, the truck, and the stock.
Susan attends the theater and checks her coat with the attendant. She leaves her phone and a small purse in the coat pocket. When she returns to pick up her coat, the phone and small purse are missing. The theater is responsible for the:
the coat.
Fifi, an independent contractor and technical writer, has a computer in her office. She has a copyright on her most recent work, Guide to Coding. Her tangible personal property includes
the computer.
June is in the market for a place to live. She has an option to buy a large mobile home or a small condominium. If both are similarly priced and similar in size, one important factor for June to know when choosing which to purchase is that:
the two properties may be taxed differently, because one is personal property and the other is real property.
Earth Farm arranges to have Fresh Express Inc., a common carrier, transport a load of almonds. Fresh Express will be liable for any loss or damage to the almonds
unless the loss or damage is caused by a natural disaster.
Curt goes to the local hardware store and buys a shed. He takes it home and assembles it on a concrete foundation he previously laid. He connects the shed to the foundation securely. The shed:
was converted from personal property to real property when Curt attached it to the foundation.
