Reference no: EM133677441
Questions
Chapter 20
1. Ruth and Stella were sisters. They owned a house as joint tenants with the right of survivorship. Ruth sold her half interest to Roy. Thereafter, Stella died, and Roy claimed the entire property by survivorship. Was he entitled to it?
2. Schroeder parked his car in a parking lot operated by All right, Inc. On the parking stub given him was printed in large, heavy type that the lot closed at 6:00 P.M. Under this information, printed in smaller, lighter type, was a provision limiting the liability of All right for theft or loss. A large sign at the lot stated that after 6:00 P.M. patrons could obtain their car keys at another location. Schroeder's car was stolen from the lot sometime after the 6:00 P.M. closing, and he sued All right for damages. All right defended based on the limitation-of-liability provision contained in the parking stub and the notice given Schroeder that the lot closed at 6:00 P.M. Decide.
3. John Hayes and Lynn Magosian, auditors for a public accounting firm, went to lunch at the Bay View Restaurant in San Francisco. John left his raincoat with a coatroom attendant, but Lynn took her new raincoat with her to the dining room, where she hung it on a coat hook near her booth. When leaving the restaurant, Lynn discovered that someone had taken her raincoat. When John sought to claim his raincoat at the coatroom, it could not be found. The attendant advised that it might have been taken while he was on his break. John and Lynn sued the restaurant, claiming that the restaurant was a bailee of the raincoats and had a duty to return them. Are both John and Lynn correct
Chapter 21
Questions
1. Richard Schewe and others placed personal property in a building occupied by Winnebago County Fair Association, Inc. Prior to placing their property in the building, they signed a "Storage Rental
Agreement" prepared by the County Fair Association, which stated: "No liability exists for damage or loss to the stored equipment from the perils of fire...." The property was destroyed by fire. A suit was brought against the County Fair Association to recover damages for the losses on the theory of negligence of a warehouse. The County Fair Association claimed that the language in the storage agreement relieved it of all liability. Decide. [Allstate Ins. Co. v. Winnebago County Fair Assn, Inc., 475 N.E.2d 230 (Ill. App.)]
2. Buffett sent a violin to Strotokowsky by International Parcel Service (IPS), a common carrier. Buffett declared the value of the parcel at $500 on the pick- up receipt given him by the IPS driver. The receipt also stated: "Unless a greater value is declared in writing on this receipt, the shipper hereby declares and agrees that the released value of each package covered by this receipt is $100.00, which is a rea- sonable value under the circumstance surrounding the transportation." When Strotokowsky did not receive the parcel, Buffett sued IPS for the full retail value of the violin-$2,000. IPS's defense was that it was liable for just $100. Decide.
3. Garrett and his wife checked into the St. Louis Airport North Holiday Inn on March 29, taking advantage of the hotel's "Park and Fly" package, which provided one night of lodging to individuals, provided a shuttle service to Lambert International Airport, and allowed individuals to keep a vehicle on the hotel's parking lot for up to two weeks. When the Garretts returned from their vacation on April 17, they discovered that their vehicle was stolen. They sued the hotel, contending that a special relationship of an innkeeper and guest was created by the "Park and Fly" marketing package, and that the hotel's knowledge of criminal activity on its parking lot created a duty to warn the Garretts, which it failed to do. What status did the Garretts have with the hotel regarding the protection of their vehicle after boarding the plane on their vacation trip? Was there a bailment of the vehicle under the "Park and Fly" marketing package? [Garrett v. IMPAC Hotels Inc., 87 S.W.3d 870 (Mo. App.)]