Reference no: EM133809398

Allison owns Redacre, a wooded area that deer commonly frequent. During the early months of the year when the bucks shed their antlers, Allison collects the antlers and uses them to make lamps, which she sells in her store. The larger the antlers, the more she can charge for her work. The lamps, although unusually designed, are not patented. To encourage deer to enter and return to Redacre, Allison uses a deer feeder year round. Although there is a small fenced area on Redacre, the wooded area and the boundaries of the land are unfenced.

Baxter purchases Blueacre, a less wooded area that adjoins Redacre. Deer are seen less frequently within its boundaries. Because Baxter is an avid hunter, Baxter sets up a deer feeder on Blueacre. Some of the deer begin roaming onto Blueacre to eat, but return to Redacre each evening for the protection of the wooded area.

Among these deer is a large buck with a huge set of antlers that Allison hopes to use when he sheds them. Allison is particularly excited about the buck's antlers because they have a distinctive and unusual twist to them, which she believes will make the lamp she crafts them into more valuable. Allison lures the buck into the fenced area and begins to feed him separately from the other deer. A few days later, however, the buck jumps over the fence and wanders over to Blueacre. Upon seeing the buck, Baxter shoots and kills him. He notices the unique shape of the antlers and decides to have the head mounted to hang in his den.

While taking the buck to the taxidermist with his son Carl, Baxter's truck is hit by a passing train. Both Baxter and the buck are flung from the truck. The buck is mangled by the train and Baxter is severely injured. Carl is only mildly hurt. An ambulance is called, and Baxter is taken to the hospital. While riding in the back of the ambulance with his son, Baxter turns to Carl, hands him his watch and says, "Carl, I want you to know that you're the best son a father could ever have. Take my watch." Carl does not respond except to kiss his father on the head, take the watch and slip it into his coat pocket.

Meanwhile, back at the train, the clean-up crew cleans up the remains of the buck. The antlers, which have broken off, are disposed of with the other garbage and taken to a landfill. Denise, an artist, finds the antlers while rummaging through the county landfill for unusual pieces to use for her artwork. Having visited Allison's shop, Denise plans to use the antlers to make a lamp identical in design to those made by Allison and place it for sale in her own shop located next to the hospital.

The next day, Carl visits Denise's shop while waiting for hospital visiting hours to start. While he is walking through the shop, the watch slips unnoticed from his coat pocket onto the floor and under a table. Carl leaves the shop without realizing the watch is missing. When he sees Baxter, Baxter asks Carl what happened to the deer. Carl tells him that he had been informed that the deer had been disposed of in the county landfill.

A few days after the accident, Allison learns that Baxter was injured. She goes to see him in the hospital. On the way there, she stops in Denise's shop. As she is looking around, she notices Denise's antler lamp on a table. She also sees the watch under the table. She picks up the watch, takes it to Denise, and asks if it belongs to her. Denise says "No, but I'll hold it until the owner comes back for it." Allison hands her the watch. Allison also asks where Denise found the antler lamp. Denise responded, "I saw them in your shop and copied the design to make this one. Isn't it wonderful?" Upon closer inspection, Allison is sure that they are the antlers of the buck that she had earlier fenced in on Redacre. Allison demands that Denise stop making antler lamps since she used Allison's design. Denise refuses, indicating that she loved this lamp so much that she had ordered antlers off the Internet and would be making and selling antler lamps on a regular basis.

Allison then goes to the hospital and finds Baxter well on the road to recovery. She asks Baxter about his injury. He tells her the story about the buck hopping the fence and coming into Blueacre, shooting the buck, and the incident with the train. Allison is outraged that he shot "her deer." She demands that he take down the deer feeder on Blueacre and refrain from shooting any more deer that might wander over to his land. She also demands that Baxter pay her for the value of the antlers that Denise used for her lamp.

A month later, Baxter is told he can return home, having fully recovered from his injuries. Carl picks up Baxter, and they stop at Denise's shop. While there, they see Allison. Allison asks Denise to give her the watch. Denise refuses. Carl checks his pocket to see if the watch is still there and discovers it missing. He asks to see the watch and, upon seeing it, exclaims, "Hey, that's my watch." Baxter walks over, looks at the watch and says, "No, that's my watch."

Baxter then notices the antler lamp. He asks where Denise found the antlers. She tells him. He tells her the story of the deer and the train wreck and the disposal in the landfill. He demands that Denise return the antlers to him or give him the value of the antlers. Denise refuses.

Questions:

1. Discuss the arguments that Allison and Baxter will make regarding Allison's claim that Baxter owes her the value of the antlers.

2. Discuss the arguments that Baxter and Denise will make regarding Baxter's claim that Denise must either give him the antlers or their value.

3. Can Allison force Baxter to take down the deer feeder on Blueacre? Why or why not?

4. Discuss the arguments that Allison, Denise, Carl and Baxter will make regarding ownership of the watch. Who owns the watch and why?