Law 19 Quizzes

Chapter 47-2  Property & Bailments

1. Idaho Farms mistakenly puts its potatoes in Jackson Co-op’s storage bin, which already contains Kelly Spud Farm’s potatoes. It is impossible to tell which potatoes originally belonged to which party. This is
 
a. a bailment.
b. accession.
c. confusion.
d. production.
 
2. Rhett works at Scarlett’s Sandwich Café. After work, in the parking lot, Rhett finds a diamond ring lost by Thalia. Title to the ring is possessed by
 
a. Rhett.
b. Scarlett’s.
c. Thalia.
d. the state  
 
3. Inadvertently, Bret leaves his briefcase at Clean ‘n Dry Launderers when she stops to pick up her clothes. The briefcase is
 
a. abandoned property.
b. bailed property.
c. lost property.
d. mislaid property.
 
4. Roy leaves his pick-up truck at Sam’s Auto Service for an oil change. This is a bailment for
 
a. neither party’s benefit.
b. the parties’ mutual benefit.
c. the sole benefit of the bailee.
d. the sole benefit of the bailor.
 
5. Jennifer finds a full duffel bag that she believes may be subject to an es­tray statute. Estray statutes apply to
 
a. abandoned property.
b. bailed property.
c. lost property.
d. mislaid property.
 
6. Uri borrows Vera’s boat to enjoy with Wendell for a weekend. Uri runs the boat aground, damaging the hull. Liable for the cost of repairing the boat is
 
a. Uri and Vera equally.
b. Uri, Vera, and Webdell proportionately.
c. Uri only.
d. Vera only.
 
7. Mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S. Marines Corps. Ned agrees. This is a bail­ment for
 
a. neither party’s benefit.
b. the parties’ mutual benefit.
c. the sole benefit of the bailee.
d. the sole benefit of the bailor.
 
8. Ben allows Cody to store his trailer on Ben’s property for $20 a month while Cody is out of town. Later, Ben no­tices rainwater collecting in the trailer and covers it with a tarp at a cost of $40. This cost is most likely borne by
 
a. Ben and Cody.
b. Ben only.
c. Cody only.
d. neither Ben nor Cody.
 
9. Jill loans her laptop to Kyle. This is a bailment for
 
a. neither party’s benefit.
b. the parties’ mutual benefit.
c. the sole benefit of the bailee.
d. the sole benefit of the bailor.
 
10. Town Transport Company (TTC) agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC un­loads one container, the other disappears from TTC’s loading dock.  These facts give rise to
 
a. a presumption of intentional or negligent conversion by TTC.
b. a presumption of theft by a third party.
c. a presumption of theft by TTC.
d. Unlimited Sales’s liability for the container’s loss.
 
11. Sid borrows Tony’s paint sprayer to paint his house. Uma allows Vic to store his posthole digger in her shed. The party with a right to use the bailed property is
 
a. neither Sid nor Uma.
b. Sid and Uma.
c. Sid only.
d. Uma only.
 
12.  Town Transport Company (TTC) agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC un­loads one container, the other disappears from TTC’s loading dock. TTC can avoid liability
 
a. by proof that TTC did not convert the goods and was not negligent.
b. by proof that TTC’s warehouse is located in a high-crime area.
c. by proof that Unlimited Sales was negligent in hiring TTC.
d. under any circumstances
 
13. Quint rents a riding mower from Rent-All, Inc. Quint leaves the mower in a remote location overnight. When he returns to retrieve it, it is gone. Liability for the loss most likely rests with
 
a. Quint and Rent-All.
b. Quint only.
c. Rent-All only.
d. neither Quint nor Rent-All.
 
14. Stan can be held liable for the conver­sion of Tyler’s business law textbook
 
a. if Tyler can prove that the book was in Stan’s pos­session when it disappeared.
b. only if Tyler can prove that Stan was negligent.
c. only if Tyler can prove that Stan intentionally stole the book.
d. under no circumstances.
 
15. Bob rents a golf cart at Country Club Golf Course. The brakes are worn, and while Bob is driving the cart, they fail. The cart crashes into a tree, and Bob is injured. Country Club could have discovered, with rea­sonable diligence, that the brakes were worn. Liability for Bob’s injuries most likely rests with
 
a. Bob and Country Club.
b. Bob only.
c. Country Club only.
d. neither Bob nor Country Club.
 
16. Owen takes a Paisley-made pinball machine to Quality Games, Inc., for repair. Lacking certain parts, Quality ships the game to Regal Company. While in Regal’s possession, the game is damaged. Quality can recover for the damage from
 
a. no one.
b. Owen.
c. Paisley.
d. Regal.
 
17. Beta Company arranges to have Carrier Corporation, a common carrier, transport 500 DVD players from New York to California. Dan is Carrier’s driver. Beta will have no cause of action against Carrier if Carrier fails to deliver the players on time because
 
a. authori­ties are stopping and searching all trucks entering California.
b. Carrier’s dispatcher mistakenly delays Dan’s departure.
c. Carrier’s truck is broken into and the players are stolen.
d. Dan has to wait two days in Denver for the truck to be repaired.
 
18. GR8 Stores, Inc., hires Haul-Way Company, a common carrier, to trans­port fifty large-screen HDTVs from San Diego to Phoenix. En route, a pothole causes the truck to crash, damaging the goods. Liability for the damage most likely rests with
 
a. GR8 Stores and Haul-Way.
b. GR8 Stores only.
c. Haul-Way only.
d. neither GR8 Stores nor Haul-Way.
 
19. Tab stores video equipment with U-Store-It, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to U-Store-It’s negligence destroys the equipment. The loss is most likely to be imposed on
 
a. neither Tab nor U-Store-It.
b. Tab and U-Store-It.
c. Tab only.
d. U-Store-It only.
 
20. Veritable Company stores office furniture with Warehouse Storage, Inc. (WSI), under a contract that limits the warehouse company’s liability for lost or damaged property to $500. The furniture is lost through no fault of WSI. The loss is most likely suffered by
 
a. Veritable and WSI.
b. Veritable only.
c. WSI only.
d. neither Veritable nor WSI.