Property/bailments
Remember that real property consists of land and the buildings, plants, and trees that are on it. Real property also includes subsurface and airspace rights, as well as personal property that has become permanently attached to real property. Whereas personal property is movable real property-also call real estate or realty – is immovable. Choose one of the following to write on in the Discussion Board.
1. Use the library databases (see “Nova Libraries” in Useful Resources / Library Databases module) to find and read the following cases:
• Treuber & Straub v.United Parcel Service, Inc. U.S.C.A. 7th Cir. 474 F.3rd379 (2007).
• America Online, inc. v. St. Paul Mercury Insurance Co.207 F. Supp 2d 459(E.D.Va 2002)
• Lambtecht & Associates, Inc. v. State Farm Lloyds’s, 119 S.W. 3d 16 (Tex.App 2003).
• Biglane v. Under the Hill Corp., 949 So. 2d 9 (2007). Kelo v. City of New London, Connecticut., 545 U.S. 469, 125 S.Ct. 2655, 162 L.Ed.2d 439 (2005)
Discuss the case by providing the facts, issue, holding and legal ruling and your opinion.
2. David is on a business trip. He drives his car and when he checks into the hotel he gives his car keys to the parking lot attendant. The hotel has a guarded underground parking lot. When he gives the attendant his car keys he does not tell him that in the trunk of the car is his mother’s $ 25,000 diamond ring in a box. The next day when he requests that his car be brought up so he can use it to make a business meeting, he is told that it has been stolen. David wants to hold the hotel responsible for the loss of both his car and the ring. Discuss the probable success of his claims.
Discuss the case by providing the facts, issue, holding and legal ruling that might occur if this situation became a lawsuit in court. In otherwards…You be the judge!
3. Cheerio Tannenbaum is the rental agent for the Greatest High Rise Apartments in Philadelphia. While walking to work one day, Cheerio discovers an expensive ring lying on the curb. She gives the ring to her daughter, Sarah. On week later, Betsy Paull, the true owner of the ring, finds out that Cheerio had found the ring and demands it back. Discuss who should get the ring and why.
Discuss the case by providing the facts, issue, holding and legal ruling that might occur if this situation became a lawsuit in court. In otherwards…You be the judge!
Landlord-Tenant
1. Landlord-Tenant
2. Answer the following:
• Are landlord tenant relationships equal business relationships?
• How has your understanding of the rights of a tenant changed since reading this chapter?
• What actions would you take if your apartment was not in good shape, the utilities were not working correctly or there was a leak?
• Share with us a landlord-tenant relationship you have experienced.