Jackie fenced her yard; however, the fence was constructed 6 inches over the property line into her neighbor's yard. Jackie did not intend to take the neighbor's land and did not find out until a survey was done when she refinanced her house. After seven years, Jackie brought suit against her neighbor to determine who was the rightful owner of the strip of land in question. Who is the rightful owner? Why? What factors would a court look at in determining who is the rightful owner of the strip of land?
Lacy and Liam purchased a recreational vehicle valued at $125,000 together. Lacy owes $5,000 to a Creditor A, Liam owes $3,500 to creditor B, and they both owe $7,700 to Creditor C. Select two types of co-tenancy and explain which, if any, creditors can recover from Lacy and Liam in this situation.
Kendra and Ty had dinner at the Wine Cellar, an upscale German restaurant. Kendra left her coat with a coatroom check, but Ty took his coat to the dining room and hung it on a nearby hook. Upon leaving, Ty discovered someone had taken his coat. When Kendra went to claim her coat at the coatroom, it could not be found either. The attendant advised the coat must have been taken while she was on break. Kendra and Ty sued the restaurant, claiming that the restaurant was a bailee of the coats and had a duty to return them. Are they both correct? Use principles of law discussed in this week's reading to form a foundation for your response.
Using the business you created in Week 1, consider the following scenario.
Your business started in your home in a room on the back side of the house, which could be accessed using a separate door. During a bad storm, a tree limb fell on an electrical line, unbeknownst to you, creating a dangerous condition near the entrance to your office.
Answer the following questions.
- Discuss your duties to protect against harm from this scenario to the following three persons:
- (1) Danny, the neighborhood newspaper deliverer who cuts through your yard on his route;
- (2) Eddie, your friend who plans to come over for lunch, and
- (3) Heath, one of your clients who has a business appointment scheduled at your office today.
- Explain the type of insurance best suited for your business and whether the insurance will be liable to any of the parties in
- Assume one of the parties above is injured, sues your company and obtains a judgment for $100,000. If your company files for bankruptcy, after the judgment is rendered, will the amount of the judgment be discharged?