LGS 200 Final Exam Questions and Answers with Verified Solutions |
Latest 2026 Update
Q: Title to property not transferred.
Answer:
Bailee must follow bailor's directions concerning the property.
Bailment Agreement
A bailment may be either express or implied.
Express bailments can be either written or oral.
Under the Statute of Frauds, a bailment must be in writing if it is for more than one
year.
A bailment may be implied from the circumstances.
Elements to Create a Bailment -Personal Property
Only personal property can be bailed.
Delivery of Possession
The bailee has exclusive control over the personal property.
The bailee must knowingly accept the personal property.
Ziva Jewelry v. Car Wash Headquarters Inc. (Alabama 2004) -Smith worked for Ziva
Jewelry
and traveled with $850,000 worth of jewelry in his car trunk. He stops at Car Wash
Headquarters in Vestavia, AL, and his car goes through the tunnel car wash. When it
came out
the other end, a thief jumped into the car and drove off with the jewels. Ziva sues
CWH
,Q: claiming a bailment was created and they failed to exercise due care to safeguard
and return the bailed vehicle. Issue: Was a bailment created when CWH took
custody of the car? Holding: No
Answer:
A bailment is defined as the delivery of personal property by one person to another
for a specific purpose, with a contract, express or implied, that the trust shall be
faithfully
executed, and the property returned or duly accounted for when the special purpose is
accomplished, or kept until the bailor reclaims it. In order for a bailment to exist the
bailee
must have voluntarily assumed the custody and possession of the property for
another."Thus,
there is no evidence indicating that CWH expressly or impliedly accepted
responsibility for the
jewelry in the trunk of Smith's vehicle. Without express or implied acceptance by the
purported
bailee, a bailment cannot arise.
Lost, mislaid, or abandoned property -Mislaid property-Owner voluntarily places
property
somewhere and then inadvertently forgets it.
Owner of the premises where the personal property is mislaid entitled to take
possession of the
property against all except the rightful owner.
Claim is superior to rights of finder.
Must take reasonable care of property until it is reclaimed by owner.
Lost Property: Owner leaves property somewhere because of negligence,
carelessness, or
inadvertence.
Finder obtains title to the found property against everyone except the true owner.
Finder of mislaid or lost property obtains clear title to the property if:
Finder reports find to an appropriate government agency.
Finder or government advertises the lost property
, Owner does not claim the property within a stated time period (e.g., one year).
Abandoned Property-Property is abandoned if:
An owner discards the property with the intent to relinquish his or her rights in it, or
Latest 2026 Update
Q: Title to property not transferred.
Answer:
Bailee must follow bailor's directions concerning the property.
Bailment Agreement
A bailment may be either express or implied.
Express bailments can be either written or oral.
Under the Statute of Frauds, a bailment must be in writing if it is for more than one
year.
A bailment may be implied from the circumstances.
Elements to Create a Bailment -Personal Property
Only personal property can be bailed.
Delivery of Possession
The bailee has exclusive control over the personal property.
The bailee must knowingly accept the personal property.
Ziva Jewelry v. Car Wash Headquarters Inc. (Alabama 2004) -Smith worked for Ziva
Jewelry
and traveled with $850,000 worth of jewelry in his car trunk. He stops at Car Wash
Headquarters in Vestavia, AL, and his car goes through the tunnel car wash. When it
came out
the other end, a thief jumped into the car and drove off with the jewels. Ziva sues
CWH
,Q: claiming a bailment was created and they failed to exercise due care to safeguard
and return the bailed vehicle. Issue: Was a bailment created when CWH took
custody of the car? Holding: No
Answer:
A bailment is defined as the delivery of personal property by one person to another
for a specific purpose, with a contract, express or implied, that the trust shall be
faithfully
executed, and the property returned or duly accounted for when the special purpose is
accomplished, or kept until the bailor reclaims it. In order for a bailment to exist the
bailee
must have voluntarily assumed the custody and possession of the property for
another."Thus,
there is no evidence indicating that CWH expressly or impliedly accepted
responsibility for the
jewelry in the trunk of Smith's vehicle. Without express or implied acceptance by the
purported
bailee, a bailment cannot arise.
Lost, mislaid, or abandoned property -Mislaid property-Owner voluntarily places
property
somewhere and then inadvertently forgets it.
Owner of the premises where the personal property is mislaid entitled to take
possession of the
property against all except the rightful owner.
Claim is superior to rights of finder.
Must take reasonable care of property until it is reclaimed by owner.
Lost Property: Owner leaves property somewhere because of negligence,
carelessness, or
inadvertence.
Finder obtains title to the found property against everyone except the true owner.
Finder of mislaid or lost property obtains clear title to the property if:
Finder reports find to an appropriate government agency.
Finder or government advertises the lost property
, Owner does not claim the property within a stated time period (e.g., one year).
Abandoned Property-Property is abandoned if:
An owner discards the property with the intent to relinquish his or her rights in it, or
