Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

Question

Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

النسخة 20الرقم المعياري الدولي: 978-0324638189

Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

النسخة 20الرقم المعياري الدولي: 978-0324638189

تمرين 1

During the 2001 baseball season, San Francisco Giants player Barry Bonds hit 73 home runs, a new record that broke the one set by Mark McGwire in 2000 (72 home runs). When Mr. Bonds hit his record-breaking home run, the ball went into the so-called cheap seats. Alex Popov was sitting in those seats and had brought along his baseball glove for purposes of catching any hits that might come into the stands.
Everyone sitting in the area agreed that Mr. Popov's glove touched Bonds's home-run ball. Videotape also shows Mr. Popov's glove on the ball. However, the ball dropped and, following a melee among the cheap-seat fans, Patrick Hayashi ended up with Bonds's home-run ball.
Mr. Popov filed suit for the ball, claiming it as his property. Such baseballs can be very valuable. The baseball from Mr. McGwire's recordbreaking home run in 2000 sold for $3 million. List those areas of law that will apply as the case is tried and the owner of the baseball is determined.

التوضيح

موثّق

The case Popov v. Hayashi concerns the right to the baseball. The dispute may be resolved if baseball tickets contains a clause that states all hit baseballs within the stadium will belong to the MLB. However, absent that provision the court will have to decide whether the original catcher Popov is the true owner of the baseball, if he is then Hayashi committed the common law tort of conversion, in short knowingly or unknowingly taking property of another. Rules of equity will also apply such as ordering specific performance by having Hayashi give the baseball back, and rules of law to grant Popov award for injuries suffered from the mob.