Short-Paper 4 (25 pts.

Question 1: Agency Law

I am in a rush to get to a meeting on campus. Assume there are parking meters at the campus. I have
parked at a meter which is about to run out and do not want to be late for my meeting. So, I ask you if
you would be willing to run out and put more change in the meter for me, telling you this must be
done immediately, or I will get a parking ticket/violation. You agree, and I will give you my car keys.
Thereafter, however, you forget to go put the money in the meter and I get a $75.00 ticket.

(a) Were you my "agent" and was I your "principal"? How do you know?

Agency Relationship: Yes, an agency relationship exists. You became the principal by entrusting me
with your car keys and the task of adding money to the parking meter.

(b) If this was an agency relationship between an agent and principal, did you breach any of
your duties as an agent? Which ones? Be precise and explain in some detail.

Breach of Duties: As an agent, I failed to fulfill my duty promptly, resulting in a parking ticket for
you. This could be a breach of the duty of care or diligence.

(c) If you did breach 1 or more of your duties as an agent, can I sue to get you to reimburse me
for my traffic ticket and, if so, what will be the name of the legal claim (“cause of action”) in the
complaint that I file in court (not “breach of k,” not “negligence,” but what will I call that legal
claim)?

Legal Claim: You could potentially sue me for "Negligence" as the legal claim, based on my failure to
act responsibly as your agent, resulting in harm to you.

Question 2: Personal Property—Gift Law

(a) Today, I promise to give you a bicycle tomorrow morning. You accept this offer. When
tomorrow morning comes, though, I will refuse to hand over the bike. (Please do not
assume/hypothesize about any additional facts that may or may not be present—simply base
your answer on these facts alone.) If you sue me to recover the bike or the value of the bike what
will the court do and why?

Promise vs. Delivery: If I promised to give you a bike and then refuse without a valid reason, the
court might enforce the promise, especially if there was clear acceptance on your part.

(b) I want to give you all the contents of a storage locker that I rent (part of a large storage
facility). The storage facility is only open from 9-5 pm. Today at 4:45 pm I give you the key to
my storage locker and phone the storage facility to let them know that I have authorized you to
get into my locker tomorrow, and the facility is fine with that; and they tell me that they will in
fact let you in to get to the locker. It is too late to get to the locker today, so you will have to get
the contents of the locker tomorrow between 9-5. As of this moment at, say, 5:01 pm today just
after I give you the key (but you will not get to the locker until tomorrow), do you own the
contents of my locker, or do I still own these contents? Please be sure to answer this question
just after you get the key, but a day before you will get to open my locker.

Ownership of Locker Contents: As of 5:01 pm when you handed over the key, you still own the
contents of the locker until I access them tomorrow. Ownership transfers upon delivery or access, not
just by the provision of the key.

Question 3: Personal Property—Finding Personal Property

Please answer the questions just below based only on common law of private property without any
reference to the estray statute that might apply in a particular state:

(a) You notice an extremely expensive watch in great working condition in the grass in your own
front yard just off from the public street in front of your house. You pick up the watch. At this
moment, what if any rights do you have to this watch? Explain.

Expensive Watch Found: By common law, finding lost property on your property does not
automatically transfer ownership. You have the right to possess it, but the true owner might have a
superior claim.

(b) You find a watch in your front yard; but this time the watch face/glass is badly broken, and
the watch does not work. You pick up the watch. At this point what are your rights to the watch
and why?

Broken Watch: Like the first scenario, you have possession but not necessarily ownership. Since it is
damaged and non-functional, the value might not be enough to justify efforts to find the owner.

(c) You're the last customer for the day at a hair salon/barbershop. Only you and 1
hairdresser/barber are left in the salon. When the hairdresser is in a back room for a while you
notice another person's watch on a chair. You pick up the watch. At this moment, what if there
are any rights or obligations you have regarding this personal property--the watch? Do you now
own the watch or own the right to possess/wear the watch? Why or why not?

Watch at Salon: By common law, you are considered a "finder," having possession but not necessarily
ownership. You have an obligation to take reasonable steps to find the true owner.

Question 4: Personal Property--Bailments

(a) You ask me to store your boat in my garage for the winter as a favor (so without
pay/compensation). I agree and take your boat. Why is this a bailment and what level of care
must I exercise over the boat and why?

Boat Storage: This arrangement creates a bailment, where I am responsible for the boat's safekeeping.
I must exercise reasonable care as it is for mutual benefit.

(b) I loan you my notebook computer for a week for free (without compensation). Why is this a
bailment and what level of care must you exercise over the laptop and why?

Laptop Loan: Similarly, this constitutes a bailment, and you have a duty to exercise reasonable care
over the laptop while it is in your possession.
(c) You drop your clothes off at the dry cleaner's. What level of care must the dry cleaner
exercise over your clothes and why? Is this also a contract--why or why not? If the dry cleaner’s
negligence destroys your clothes and the dry cleaner refuses to reimburse you for your loss,
under what legal theory or theories (cause or causes of action) will you sue the dry cleaner?

Dry Cleaner's Responsibility: The dry cleaner has a duty of reasonable care over your clothes. This is
a contract (implied), and if negligence causes damage, you might sue under a legal theory of "Breach
of Bailment" or "Negligence."

References

PPT Slides Part 1 Introduction to Legal System & Constitution

PPT Slides Part 2 Tort & Product Liability Law

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