978-0077733711 Chapter 23 Solution Manual

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Chapter 23 – Personal Property and Bailments

V. ANSWERS TO PROBLEMS AND PROBLEM CASES

1. No. The property should not be considered mislaid property. Mislaid property, to which

Paset as finder would not acquire any rights, is property that is intentionally put in a certain

2. The court held that the money had been mislaid, not abandoned or lost, and that the

money should be returned to the hotel owner. The court of appeals agreed with the

3. Yes. Abel is entitled to recover the painting from Kenyon. A valid gift consists of

three elements: (1) a present intention to make an immediate gift; (2) actual or

constructive delivery of the gift that divests the donor of dominion and control; and

Conversion occurs when a person treats another’s property as their own, denying to

the true owner the benefits and rights of ownership. As the heir to his aunt’s estate,

4. Yes. In this case, the court confirmed that the current Connecticut view of engagement

rings, namely that they are “inherently conditional” and that following a “no-fault”

5. Yes. The sale of the vehicle by Tyrone constituted theft and normally a buyer from a thief gets

only the title which the thief has, which is a void title. However, the courts have held that title

6. No. The court concluded that no bailment was created in this situation. There was no delivery of

Jones’s personal property to Econo-Self Storage, there was no exercise of control by it over the

property, and no actual possession by it. Therefore, the basic elements of a conventional bailment

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Chapter 23 – Personal Property and Bailments

7. Yes. A bailment for the purpose of making repairs is for the mutual benefit of both parties and the

bailee is under a duty to exercise ordinary care and diligence to protect the property. Here, Mr.

8. No. The court held that the limitation of liability clause in the bailment contract was

unconscionable and thus not enforceable. The court began its analysis by noting that the

storage receipt was a bailment contract and that a bailment is created when property is

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

Chapter 23 – Personal Property and Bailments

9. No. The court concluded that the Georgia statute carved out no exception based on supposed

negligence or other fault on the part of the innkeeper. Moreover, nothing in the facts indicated

10. No. The court held that the warehouseman had converted the goods by failing to account

for their disappearance; this is not a situation where the warehouseman could show that

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.