Personal Property Case Study Essay

686 Words May 26th, 2013 3 Pages
Personal Property Case Study

The case study “Parking Lot’s Liability” is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another location. He was aware of the time when he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So indeed a bailment was created. The definition of bailment is a transaction in which an owner
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Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract. Legal liability usually takes the form of monetary damages to compensate for the breach of the legal duty. A requisite to the creation of a bailment is the express or implied acceptance of possession or control over the property by the bailee. A person cannot unwittingly become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement. (Cheeseman, 2010) Had the parking garage been closed when the plaintiff left his car, there would be no bailment created. Lost, mislaid, and abandoned property is categories of the common law of property which deals with personal property which has left the possession of its rightful owner without having entered the possession of another person. Property can be considered lost, mislaid or abandoned. Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. Property has been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but then simply forgot. If property has been abandoned,

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