978-0077733735 Chapter 29 Solution Manual

Type

Solution Manual

Book Title

Business Law with UCC Applications 14th Edition

ISBN 13

978-0077733735

April 10, 2019

Part 8 PROPERTY Law

ANSWER KEY

Chapter 29 Personal Property and Bailments

Opening Case Questions

1. In this case the bailor is the student, and the bailee is the university. The definitions of the two

2. The text tells us this: “The elements of bailment include the intent to transfer and accept the

3. In this case, the university receives no benefit from the bailment and so it is a bailment for the

benefit of the bailor (the student). It would be different were the student to pay a fee to the

5. It is more likely that the result would be different if the student were an employee, if only

because his work could then be interpreted as directly aiding the university and the storage of

A Question of Law and Ethics

Footsteps in the Night, Footprints in the Morning

Special Directions to the Instructor: Instructors often find themselves baffled when they try to

unravel the answers given by students to ethical questions. This process becomes even more rigorous

when students are given a choice as to which ethical to apply to their analysis (market value ethics,

Questions for Review and Discussion

1. Tangible personal property consists of goods, such as furniture, appliances, books clothing,

2. When personal property is owned solely by one person, it is said to be owned in severalty. When

it is owned by more than one person, it is said to be held in cotenancy. The types of cotenancies

discussed here are tenancy in common, joint tenancy, and community property. When two or more

people own personal property as tenants in common, each cotenant’s share of the property passes to his

3. Someone who finds lost property may claim ownership of it after a reasonable effort is made to

find the owner without success. Property found on the counter of a store, or on a table at a restaurant is

misplaced because it is reasonable to assume that the owner will remember where it is and return to

7. A bailment for the sole benefit of the bailor results when possession of personal property is

transferred to another for purposes that will benefit only the bailor. An example of this type of bailment

is asking a friend to take your clothes to the cleaners for you as a favor. A bailment for the sole benefit

of the bailee occurs when possession of personal property is transferred to the bailee for purposes that

8. Former law required the bailee to use great care in a bailment for the sole benefit of the bailee,

slight care in a bailment for the sole benefit of the bailor, and ordinary care in a mutual-benefit

bailment. The standard of care adopted by many courts today does away with the degrees of care.

Instead, all bailees are required to use reasonable care.

9. An innkeeper has an obligation to accept all guests. People may be turned away when all rooms

10. Innkeepers have a greater duty of care toward their guests’ property than is imposed in a usual

mutual-benefit bailment. With exceptions, innkeepers are held by law to be insurers of their guests’

property. The insured property includes all personal property brought into the hotel for the convenience

and purpose of the guests’ stay. In the event of loss, the hotelkeeper may be held liable, regardless of

the amount of care exercised in the protection of the guests’ property. Innkeepers are not liable as

insurers in four situations: (1) Losses caused by a guest’s own negligence. (2) Losses to the guest’s

property due to acts of God or acts of the public enemy. (3) Losses of property due to accidental fire in

Cases for Analysis

2. No. There is only evidence indicating that a contract existed between the parties for the rental of

three booth spaces. Standing alone, this does not create a contract of bailment. The subject matter of

4. No. A finder does not get title to another’s lost property. An effort must be made to find or

identify the real owner. State laws provide, however, that if a reasonable effort is made to locate the

5. Lane was the legal owner. For a gift to be completed, the property must be delivered to the donee.

7. Yes and no. The nineteen thoroughbred horses were tangible personal property, as the judge

correctly ruled. They were susceptible to the sense of touch, capable of ownership, and endowed with

intrinsic value. However, the cashier’s check was not tangible personal property. It was intangible

8. No. Rather than the burden being on Scott, the bailor, to prove negligence on the part of the

bailee, the burden is on Purser, the bailee, to prove that he was not negligent. The trial court applied

END CHAPTER TWENTY-NINE

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