Embed Size (px)
Citation preview
Courts often find disclaimers not enforceable
C. FalseB. True
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$100
Team 1
A. True
C. False$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$100
Team 2
The bailee must return the goods to the bailor and no one else.
Temporary possession and control of goods is the focus of the bailment relationship
A. True B. False
$100
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$200
Team 1
Both bailor and bailee must intend that the goods be returned.
A. True B. False
$100
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$200
Team 2
The subject of the bailment must be real property
A. True B. False
$200
$100
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$300
Team 1
A bailee entitled to payment may exercise the bailee’s lien in mutual-benefit bailments
B. True
C. False$200
$100
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$300
Team 2
When there is no difference between one unit of the goods and another, the goods are said to be fungible
A. True
C. False$200
$300
$500
$100
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$400
Team 1
C. False
Actual bailments and constructive bailments are two ways to transfer possession and control of goods
$200
$300
$500
$100
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$400
Team 2
A. True
Minimal care means that the bailee will be liable if negligent in some way.
B. True
D. False$200
$300
$400
$100
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$500
Team 1
A gratuitous bailment for the sole benefit of the bailee requires a duty of care that is extraordinary.
B. True
C. False$200
$300
$400
$100
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$500
Team 2
__________ means there is no difference between one unit of the goods and another
A. Fungible B. Fufillment
$200
$300
$400
$500
$100
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$1,000
Team 1
The ____ is the party who gives up possession of the property.
A. bailee B. Bailor
$200
$300
$400
$500
$100
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$1,000
Team 2
In business law, property or goods contrast with services since service are always intangible.
A. True
B. False$200
$300
$400
$500
$1,000
$100
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$2,000
Team 1
In the bailment relationship, the bailor is the party who accepts possession and control
B. True
C. False$200
$300
$400
$500
$1,000
$100
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$2,000
Team 2
In order for a bailment to arise, both possession and control of the goods must shift from the bailor to the bailee
B. True
D. False$200
$300
$400
$500
$1,000
$2,000
$100
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$4,000
Team 1
A bailment for services arises when the bailor, for a fee, provides personal property
A. True
C. False$200
$300
$400
$500
$1,000
$2,000
$100
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$4,000
Team 2
A. A gratuitous bailment arises
D. A mutual-benefit bailment
arises
$200
$300
$400
$500
$1,000
$2,000
$4,000
$100
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$8,000
Team 1When only one of the parties benefits from the bailment
B. An extraordinary bailment
arises
C. An involuntary bailment
arises
Elements of bailment do not include
A. Personal property
C. Real property$200
$300
$400
$500
$1,000
$2,000
$4,000
$100
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$8,000
Team 2
B. Possession and control of the
goods by the bailee
D. Return of identical or fungible
goods
Team 1
Bailment ends when
A. The parties mutually agree to
end it
C. The agreed purpose have been
achieved
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$100
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$16,000
D. Any of these
B. The agreed time has
elapsed
A bailment for the sole benefit of a bailor is called
D. Any of theseC. Minimal care$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$100
$32,000
$64,000
$125,000
$250,000
$500,000
$1,000,000
$16,000
Team 2
A. Extraordinary care B. Ordinary care
Team 1
After you leave for vacation, your dog digs a hole under the fence and escapes. Your neighbor finds your dog and takes care of it until you return. What type of bailment exists in this situation?
B. Voluntary bailment
D. None of these$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$100
$64,000
$125,000
$250,000
$500,000
$1,000,000
$32,000
A. Involuntary bailment
C. Constructive bailment
Team 2
The nature of the bailee’s duty of care may be modified by
A. contract B. disclaimer
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$100
$64,000
$125,000
$250,000
$500,000
$1,000,000
$32,000
C. legislation D. Any of these
When Ed borrows Ned’s van without paying Ned any money for the use of the van, what type of bailment exists?
C. Gratuitous bailment D. None of these$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$100
$125,000
$250,000
$500,000
$1,000,000
$64,000
Team 1
B. Extraordinary bailmentA. Mutual benefit bailment
If Antonio rents a car for one week from Ugly Duckling Rent-A-Car at a price of $109.25, what type of bailments was created?
A. Mutual-benefit B. extraordinary
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$100
$125,000
$250,000
$500,000
$1,000,000
$64,000
Team 2
D. involuntaryC. Ordinary bailment
Involuntary bailments, which arise without the consent of the bailee call for
A. Extraordinary care B. Minimal care
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$100
$250,000
$500,000
$1,000,000
$125,000
Team 1
C. Ordinary care D. All of these
An industry may seek to avoid the duty of care established the common law by
C. legislation D. None of these$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$100
$250,000
$500,000
$1,000,000
$125,000
Team 2
B. disclaimerA. contract
Team 1
A mutual-benefit, in which consideration is given and received by both bailor and bailee, invokes the duty of
A. Extraordinary care
D. Any of these$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$100
$500,000
$1,000,000
$250,000
B. Minimal care
C. Ordinary care
Charging demurrage occurs in?
A. Bailment for hire
D. Bailment for transport$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$100
$500,000
$1,000,000
$250,000
Team 2
C. Bailment for contract
B. Bailment for services
When a prospective buyer uses the goods to decide whether or not to buy them it is
A. A bailee’s lien
D. A sale on approval$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$100
$1,000,000
$500,000 Team 1
B. A carrier’s lien
C. A consignment
When goods are bailed with common carriers and hotels, the duty of care is
C. Ordinary D. extraordinary$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$100
$1,000,000
$500,000 Team 2
A. minimal B. Any of these
Team 1
Haley cleans our her closet and finds 30 garments she would like to place in Carrie’s resale shop, The Encore Boutique. Carrie takes Haley’s clothes until they are sold or for a period of 60 days without assuming ownership of the clothes. This type of bailment is known as
A. Common carrier
C. Sale on approval$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$100
$1,000,000
B. Consignment
D. Carrier’s lien
Team 2
Maurice is hired to work as a security guard as Coastline Computers where he guards the manufacturing and storage facility for Coastline’s computers. Which of the following statements accurately reflects Maurice’s relationship?
A. Maurice is a bailor B. Coastline is a bailee.
$200
$300
$400
$500
$1,000
$2,000
$4,000
$8,000
$16,000
$32,000
$64,000
$125,000
$250,000
$500,000
$100
$1,000,000
C. Maurice has custody of the computers and is not a bailee.
D. Both A and B
Congratulations, You Just Won
