Details of this Paper

business law question

Description

solution


Question

Question;CHAPTER 47;REVIEW QUESTIONS;1. APRIL OWNS SIX;1967 FORD MUSTANGS IN FEE SIMPLE. APRIL CAN;A.;USE THE CARS AS SHE CHOOSES, BUT NOT DISPOSE;OF THEM OR TRANSFER THEM.;B.;USE OR DISPOSE OF THE CARS, BUT NOT TRANSFER;THEM.;C.;USE OR TRANSFER THE CARS, BUT NOT OTHERWISE;DISPOSE OF THEM.;D.;USE, TRANSFER, OR DISPOSE OF THE CARS, AS SHE;CHOOSES.;2. JOY AND KENT;EACH OWN ONE-HALF OF LOCAL MOTION, A DELIVERY SERVICE, AS A TENANT IN COMMON.;KENT SELLS HIS INTEREST TO MARIA, WHO NOW OWNS;A.;NO INTEREST IN THE FIRM.;B.;THE FIRM IN FEE SIMPLE.;C.;THE FIRM WITH JOY AS JOINT TENANTS.;D.;THE FIRM WITH JOY AS TENANTS IN COMMON.;3. ADAM AND BETH;TAKE TITLE TO A SPORT UTILITY VEHICLE (SUV) IN SUCH A WAY THAT IF ONE DIES, THE;OTHER WILL BE THE SOLE OWNER. ADAM AND BETH OWN THE SUV AS;A.;CO-OWNERS IN FEE SIMPLE.;B.;JOINT TENANTS.;C.;TENANTS BY THE ENTIRETY.;D.;TENANTS IN COMMON.;4. PATTY'S PARENTS;GIVE HER A CAR AS A GRADUATION PRESENT. WHILE PATTY SPENDS THE SUMMER IN;EUROPE, HER FRIEND RITA AGREES TO KEEP THE CAR IN HER GARAGE. ON PATTY'S PART;THIS IS ACQUISITION OF PROPERTY BY;A.;BAILMENT.;B.;CAPTURE.;C.;FIND.;D.;GIFT.;5. IRA IS DECLARED;MENTALLY INCOMPETENT. JAY, IRA'S SON, IS NAMED HIS GUARDIAN. AT JAY'S;INSISTENCE, IRA TRANSFERS HIS ASSETS TO JAY "FOR SAFEKEEPING." A;COURT MIGHT CONCLUDE THAT THIS GIFT IS NOT EFFECTIVE ON THE;GROUND THAT THERE WAS NO;A.;ACCEPTANCE.;B.;DELIVERY.;C.;DONATIVE INTENT.;D.;DONOR'S ACKNOWLEDGMENT.;6. ED BORROWS A;LADDER FROM A NEIGHBOR, FLOYD, WHO IS NOT AWARE THAT ONE OF THE RUNGS IS LOOSE.;ED FALLS FROM THE LADDER BECAUSE OF THE LOOSE RUNG AND IS INJURED. LIABILITY;FOR THE INJURY MOST LIKELY RESTS WITH;A.;ED AND FLOYD.;B.;ED ONLY.;C.;FLOYD ONLY.;D.;NEITHER ED NOR FLOYD.;7. OPAL TAKES;A PINBALL MACHINE TO QUALITY GAMES, INC., FOR REPAIR. LACKING CERTAIN PARTS;QUALITY SHIPS THE GAME TO REGAL COMPANY. WHILE IN REGAL'S POSSESSION, THE GAME;IS DAMAGED. QUALITY CAN RECOVER FOR THE DAMAGE FROM;A.;NO ONE.;B.;OPAL.;C.;REGAL.;D.;THE GAME'S ORIGINAL MAKER.;8. FACT;PATTERN 47-1;AAA TRANSPORT COMPANY AGREES TO PICK UP TWO;CONTAINERS FOR BUSINESS OPERATIONS, INC., AND STORE THEIR CONTENTS, TO BE;DELIVERED LATER. WHILE AAA UNLOADS ONE CONTAINER, THE OTHER DISAPPEARS FROM;AAA'S LOADING DOCK.;REFER;TO FACT PATTERN 47-1. ACCORDING TO THE RULING OF THE COURT IN CASE 47.4, LEMBAGA;ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., THESE FACTS GIVE;RISE TO;A.;A PRESUMPTION OF INTENTIONAL OR NEGLIGENT;CONVERSION BY AAA.;B.;A PRESUMPTION OF THEFT BY A THIRD PARTY.;C.;A PRESUMPTION OF THEFT BY AAA.;D.;BUSINESS OPERATIONS' LIABILITY FOR THE;CONTAINER'S LOSS.;9. REFER TO FACT;PATTERN 47-1. UNDER THE PRINCIPLES SET OUT BY THE COURT IN CASE 47.4, LEMBAGA;ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., AAA CAN AVOID;LIABILITY;A.;BY PROOF THAT AAA DID NOT CONVERT THE GOODS;AND WAS NOT NEGLIGENT.;B.;BY PROOF THAT AAA'S WAREHOUSE IS LOCATED IN A;HIGH-CRIME AREA.;C.;BY PROOF THAT BUSINESS OPERATIONS WAS;NEGLIGENT IN HIRING AAA.;D.;UNDER ANY CIRCUMSTANCES.;10. IN CASE 47.4, LEMBAGA;ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., THE COURT;EXPLAINED THAT A BAILEE CAN BE HELD LIABLE FOR THE CONVERSION OF THE BAILOR'S;PROPERTY;A.;ONLY IF THE BAILOR CAN PROVE THAT THE BAILEE;WAS NEGLIGENT.;B.;ONLY IF THE BAILOR CAN PROVE THAT THE BAILEE;INTENTIONALLY STOLE THE PROPERTY.;C.;IF THE BAILOR CAN PROVE THAT THE PROPERTY WAS;WITHIN THE BAILEE'S POSSESSION WHEN IT DISAPPEARED.;D.;NONE OF THE ABOVE.

 

Paper#59353 | Written in 18-Jul-2015

Price : $22
SiteLock