Question 1

Logan borrows Morris's bike to ride over mountain trails. The bike is damaged during the ride. Liable for the cost of repairing the bike is​

Accepted Answer

Logan borrowed Morris's bike and was responsible for its proper care while using it. Hence, Logan is liable for any damage incurred during the ride and should bear the cost of repairing the bike. Morris is not responsible for Logan's actions while using the bike. Therefore, A and C are incorrect, and D is too broad.

Question 2

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston. Subject to a bailment is​

Accepted Answer

A bailment occurs when someone (the bailor) entrusts their personal property to someone else (the bailee) for safekeeping. In this case, Emily is the bailor and her luggage is the personal property being entrusted to Flyaway Airlines as the bailee. Therefore, subject to a bailment is Emily's luggage.

Question 3

One morning, Richard agrees to lend his bike to Sheila, who promises to return it in the evening. This is​

Accepted Answer

This is an express bailment because there is a clear agreement between Richard and Sheila regarding the lending and returning of the bike.

Question 4

Barney's Burgers requires that its employees wear uniforms and protective clothing on the job. Barney's provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states, "Barney's is not responsible for the loss of any property in the locker room." Chuck, a Barney's employee, changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift, the wallet and watch are gone. Does Chuck's leaving personal items in the locker room constitute a bailment? If so, what type of bailment? If not, what legal relationship is it? Does Barney's sign exculpate the company for Chuck's loss? Why or why not?​

Accepted Answer

The answer of Barney's Burgers requires that its employees wear...

Question 5

​Brian discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Celia. This is

Accepted Answer

An involuntary bailment occurs when someone finds and takes possession of lost or abandoned property, as Brian did with the boat.

Question 6

Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if​

Accepted Answer

The delay caused by the authorities searching all trucks leaving California is beyond Fresh Express's control and would be considered a force majeure event, which would excuse the carrier's failure to deliver the load on time. The other options involve issues that are within the control of Fresh Express or its employees, and would likely result in liability for failing to deliver the almonds on time.

Question 7

During a storm in Tornado Alley, a house is destroyed, but its owner Dorothy survives. Dorothy plans to return to the site to salvage her possessions, but she delays. Meanwhile, Elliott combs through the ruins and removes all useful items. Dorothy learns of the recovery and files a suit against Elliott, claiming that the items are hers. Elliott responds that the destroyed house was abandoned and therefore he has good title to whatever he took possession of. What is the court likely to rule, and why?​

Accepted Answer

The answer of During a storm in Tornado Alley, a...

Question 8

Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts, QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession, the machine is damaged. QuikFix can recover for the damage from​

Accepted Answer

Repair & Parts is responsible for the damage caused while in their possession, as they assumed custody and control over the rototiller. QuikFix may pursue legal action against Repair & Parts for the damage. Oleg and PowerMade are not liable as they did not cause the damage while the machine was under Repair & Parts's control.

Question 9

Ruby stores her furniture with Stow-Away, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to Stow-Away's negligence destroys the furniture. The loss is most likely to be imposed on​

Accepted Answer

The contract excuses Stow-Away from liability, but this provision may be unenforceable if Stow-Away was negligent. Therefore, Stow-Away is most likely to have to bear the loss.

Question 10

Fact Pattern 48-1​
Truck & Transfer Inc. agrees to pick up two containers for United Home Products Corporation and store their contents, to be delivered later. While Truck & Transfer unloads one container, the other disappears from the company's loading dock.
-Refer to Fact Pattern 48-1. Truck & Transfer can avoid liability​

Accepted Answer

Truck & Transfer can avoid liability by proving that they were not negligent in their handling and storage of the containers. Simply being in a high-crime area or pointing to the negligence of the other party (United Home in this case) would not absolve Truck & Transfer of their responsibility unless they can prove they did nothing wrong.

Question 11

EquipLease Company leases a thresher to Farm Harvest, Inc., a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is​

Accepted Answer

Farm Harvest is likely liable for the damage because they were responsible for the care and maintenance of the thresher while it was in their possession. They have a duty to use the equipment properly and to take reasonable measures to ensure its proper functioning. If their neglect caused the damage, they would be responsible for repairing or replacing the thresher.

Question 12

Fact Pattern 48-1​
Truck & Transfer Inc. agrees to pick up two containers for United Home Products Corporation and store their contents, to be delivered later. While Truck & Transfer unloads one container, the other disappears from the company's loading dock.
-Refer to Fact Pattern 48-1. These facts give rise to​

Accepted Answer

Truck & Transfer Inc. had custody of the containers, and the disappearance of one container while under their care suggests negligence on their part, leading to a presumption of negligence.

Quiz 48: Personal Property and Bailments

Logan borrows Morris's bike to ride over mountain trails. The bike is damaged during the ride. Liable for the cost of repairing the bike is​

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston. Subject to a bailment is​

One morning, Richard agrees to lend his bike to Sheila, who promises to return it in the evening. This is​

​Brian discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Celia. This is

Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if​

Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts, QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession, the machine is damaged. QuikFix can recover for the damage from​

Ruby stores her furniture with Stow-Away, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to Stow-Away's negligence destroys the furniture. The loss is most likely to be imposed on​

EquipLease Company leases a thresher to Farm Harvest, Inc., a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is​

Logan borrows Morris's bike to ride over mountain trails. The bike is damaged during the ride. Liable for the cost of repairing the bike is

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston. Subject to a bailment is

One morning, Richard agrees to lend his bike to Sheila, who promises to return it in the evening. This is

Brian discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Celia. This is

Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if

Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts, QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession, the machine is damaged. QuikFix can recover for the damage from

Ruby stores her furniture with Stow-Away, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to Stow-Away's negligence destroys the furniture. The loss is most likely to be imposed on

EquipLease Company leases a thresher to Farm Harvest, Inc., a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is