(b) (5 Peints) Gift or a bailment- Brit filed a lawsuit against Reggie to recove
ID: 347287 • Letter: #
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(b) (5 Peints) Gift or a bailment- Brit filed a lawsuit against Reggie to recover several articles of personal property. Britt and Reggie had peeviously been involved in a relationship, but the relationship had since terminated. Brit demanded that Reggie return several pieces of personal property, including a computer and a treadmill. Britt claims that she transferred the coempuner to RegE "on the condition that Reggie would eventually marry her, as this was her perception." In her trial testimony, Brit testified that she lent the treadmill to Reggie for his personal use. Reggie claims that the treadmill and the computer were gifts. In 100-150 words (1/2 page), discuss how the court should decide on the issue of whether the computer was a conditional gift and the issue of w hether the treadmill constituted gift or a bailment. Be sure to provide the legal justification for your response, including the pertinent course coneepts in your response. (c) (5 Points) Bailments-The Katfer Charity operates a health and wellness center Chris was a paying member of the health center. The rules of the center, which Chris had been given, state: "The Health & Wellness Center is not responsible for lost or stolen items." A sign stating "We cannot assure the safety of your valuables" was posted at the check-in desk. The wellness center furnished a lock and a key to each member but had a master key to open lockers in case a member forgot his or her key One day, Chris went to the wellness center and placed his clothes, an expensive Rolex watch and a money clip with $400 cash in the locker assigned to him. Upon returning from swimming, Chris discovered that his locker had been pried open and his watch and money had been stolen by some unknown person. Chris sued the Katfer Charity, alleging a bailment had been created between him and the charity and that the charity, as a bailee, was negligent and therefore liable to him for the stolen property. In 100-150 words (1/2 page), discuss whether a bailment was created between Chris and Katfer Charity. Be sure to provide the legal justification for your response, including the pertinent course concepts in your response.Explanation / Answer
b)
A conditional gift is one which is given with the intention that it will become final at the happening of particular later event. Not every gift presented during the engagement phase is conditional. What renders a present conditional in a broken engagement assessment is whether or not it was the donor’s intention that the gift was presented in expectation of marriage. Nevertheless , a simple self-serving declaration at the instance a complaint is filed isn’t adequate to establish the donor’s intention. The law court will study the nature of present, and the situations surrounding the presenting of the gift in making their resolution. For example, a check in which the memo line states ‘Wedding Expenditures’ would render an otherwise normal present into one whose situations show the donor’s intention that the present be conditional on the marriage.
Usually an engagement ring is a gift which is, by way of its very nature, presented with the obvious intention that a marriage will happen.
The law court can refuse to give relief to Britt as, unlike the engagement ring, these aren’t gifts that by way of their very nature imply that they are conditioned on a marriage, nor do the situations surrounding their presenting make clear the issue. It is thus impossible for Britt to prove, in law court what her intention was.
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