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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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© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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
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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© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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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© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
