Question 1

Gil has stolen a "Lancer" from Yu and changed the look and interior of the car.Gil is now using it for his personal purposes.After some months,Yu comes to know about his car and demands it back.However,Gil demands for the amount he spent on modifications.Is Yu liable to pay that?

Accepted Answer

The answer of Gil has stolen a "Lancer" from Yu...

Question 2

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are:
A)not on a take-it-or-leave-it basis.
B)in writing.
C)are determined by what is reasonable in the trade.
D)dependent on value.

Accepted Answer

Liability for damages not caused by the negligence of the carrier may be imposed on him by a special law or rule of law.Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are dependent on value [7-309].

Question 3

In Gyamfoah v.EG&G Dynatrend,the case in the text,the court found that:
A)EG&G proved that the watches were never delivered to the warehouse.
B)EG&G met its burden of proving that the loss was not a result of its own negligence.
C)Gyamfoah failed to rebut the presumption of negligence.
D)Gyamfoah proved by a preponderance of the evidence that EG&G was liable for the loss.

Accepted Answer

The court held that Gyamfoah proved by a preponderance of the evidence that EG&G was liable for the loss of 2,518 watches.

Question 4

Watley took his old bicycle to the municipal dump.Vandelay retrieved it from the dump and repaired it.Newman stole the bicycle from Vandelay's garage,made substantial improvements to it,and then sold it to Banya.Banya did not know that the bicycle had been stolen.Who owns the bicycle? Explain your reasoning.

Accepted Answer

The answer of Watley took his old bicycle to the...

Question 5

In which of the following circumstances would a hotelkeeper be liable for lost or damaged property?
A)The hotel owner fails to advise guests to put their valuables in the hotel vault.
B)An act of a governmental authority damaged the goods.
C)An act by a member of the guest's party damaged the goods.
D)The nature of the goods caused them to be damaged.

Accepted Answer

The hotelkeeper is not liable for loss of or damage to property if she shows that it was caused by one of the following: (1)an act of God, (2)an act of a public enemy, (3)an act of a governmental authority, (4)the fault of a member of the guest's party,and (5)the nature of the goods.Most states have passed laws that limit the hotelkeeper's liability,however.Commonly,the law requires the hotel owner to post a notice advising guests that any valuables should be checked into the hotel vault.The hotelkeeper's liability is then limited,usually to a fixed amount,for valuables that are not so checked.

Question 6

While eating dinner at a restaurant,Elvis placed his backpack on an empty chair located next to his table.When Elvis left the restaurant,he forgot to pick up the backpack.A few minutes later,Priscilla discovered the backpack and took possession of it.What rights to the backpack do Elvis,Priscilla,and the restaurant have?

Accepted Answer

The answer of While eating dinner at a restaurant,Elvis placed...

Question 7

Wilma,who thought she had a terminal disease,signed over the title to her new Cadillac to her cousin,Kenny,and told him that she wanted him to have the car "after I'm gone." Kenny took the keys and began to use the car.A week later,Wilma was told that her diagnosis had been an error and that she was not terminally ill.Wilma wants her car back.Can she recover it from Kenny? Why or why not?

Accepted Answer

The answer of Wilma,who thought she had a terminal disease,signed...

Question 8

Kato checked out a book (Freeloading for Fun and Profit)from the library.While he was reading it,he discovered three $50 bills in the book.Is the money lost,mislaid,or abandoned property? Why is this determination significant?

Accepted Answer

The answer of Kato checked out a book (Freeloading for...

Question 9

Which of the following statements about safety-deposit boxes is false?
A)Most courts have concluded that the renter of the box is a bailor and the bank is a bailee.
B)The bank is not the insurer of the contents of the box.
C)The bank is obligated to use due care.
D)The bank is not required to explain loss of or damage to the property entrusted to it.

Accepted Answer

Although a few courts have held that the rental of a safe-deposit box does not create a bailment,most courts have concluded that the renter of the box is a bailor and the bank is a bailee.As such,the bank is not an insurer of the contents of the box.It is obligated,however,to use due care and to come forward and explain loss of or damage to the property entrusted to it.

Question 10

In which of the following circumstances would a common carrier be liable for damaged goods?
A)An act of God damaged the goods.
B)An act of vandalism damaged the goods.
C)An act of a public enemy damaged the goods.
D)An act of the person who shipped the goods damaged the goods.

Accepted Answer

The common carrier is responsible for virtually any loss of or damage to the entrusted goods,unless the common carrier shows that the loss or damage was caused by one of the following: (1)an act of God, (2)an act of a public enemy, (3)an act or order of the government, (4)an act of the person who shipped the goods,and (5)the nature of the goods themselves.Therefore,the common carrier is liable if goods entrusted to it are stolen by some unknown person,but not if the goods are destroyed when the warehouse is damaged by a hurricane.

Quiz 23: Personal Property and Bailments

Gil has stolen a "Lancer" from Yu and changed the look and interior of the car.Gil is now using it for his personal purposes.After some months,Yu comes to know about his car and demands it back.However,Gil demands for the amount he spent on modifications.Is Yu liable to pay that?

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are:

In Gyamfoah v.EG&G Dynatrend,the case in the text,the court found that:

In which of the following circumstances would a hotelkeeper be liable for lost or damaged property?

Kato checked out a book (Freeloading for Fun and Profit)from the library.While he was reading it,he discovered three $50 bills in the book.Is the money lost,mislaid,or abandoned property? Why is this determination significant?

Which of the following statements about safety-deposit boxes is false?

In which of the following circumstances would a common carrier be liable for damaged goods?