Assignment 1: Choose one of the following to write
1. 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!
2. 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!
Assignment 2:
1.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.
Assignment 3:
Assign Reaction Paper I – Property & Bailment
1.Start to write a 1-2 page reaction paper by choose one of the questions/issues below. Make sure you use proper citations (see MLA Formatting and Style Guide http://owl.english.purdue.edu/owl/resource/557/01/ )
2.Utilize both legal arguments and your opinion in your analysis. This paper should include your legal analysis of the situation -not just a summary of a published article.
3.Save your paper in Rich Text Format (RTF)
Questions/Issues Options:
Whether a local community has housing or landlord/tenant court varies by state. Please investigate your state’s jurisdiction on the Internet. Please discuss one recent case decided by such courts that include breach of lease, vacancy, or tenant’s right of quiet enjoyment. Share with us the facts, the legal issue and the court’s holding, as well as what you think about it.
Under common law, the hotelkeeper’s liability for the property of guests was near absolute, but state statutes today limit a hotel’s liability to that of an ordinary bailee or limit liability to the amount listed in a posted notice in the room. Typically, a hotel will have a sign on the room door stating that the hotel’s liability extends only to property deposited in the hotel safe. Such statutes also allow the hotel to place a dollar limit on the hotel’s liability. Research the issue of hotelkeeper’s liablity in your state and provide us with an example. Make sure you analyze this from a legal perspective.
Real property can be taken from an owner by action of government or other public authority for the benefit of the public. Such actions are taken when a governmental body wishes to build a highway or school, for example, and the needed property is privately held. When private property is taken by eminent domain, compensation is made at the fair market value of the property. In recent years, some localities have used the doctrine of eminent domain in a highly controversial manner, so as to justify the taking of private property for use in economic development, such as when a city takes private homes in order to erect a hotel or shopping center. In the event of a dispute, the owner can pursue remedies available through state and federal courts (see Kelo v. City of New London, 545 U.S. 469, (2005). In this case, the challenged ordinance allowed only town residents access to beach-park areas. The Connecticut Supreme Court determined that a Greenwich ordinance restricting access to a municipally owned park was unenforceable under the First Amendment. You should address whether this was a fair decision and what reactions your state has had to this.
Locate web sites for any of the six typical reasons for creating a bailment: sale, transportation, repair or service, rental, storage, and security for a loan and describe the nature of the bailment and the legal rights and obligations of the parties. An example of cases regarding transportation is located at the following Web site: http://www.cybertelecom.org/notes/cc_bailment.htm.