Finders

1
Finders Bailers Bears

• Oh, My!

2
The Law

• Lets fill out the law chart quickly.
• What do you make of the in/voluntarily abandoned
  categories? Are both different from lost?
• Why give ownership of found property to the
  finder or the landowner depending on the facts?
  What, supposedly, are those facts a surrogate for?

3
Lets Practice Some Case Briefing

• Well go through the cases one by one, relying on
  people in the back row while we wait for the
  Cards of Doom.

4
Factual Comparisons

• Lets fill out the factual chart quickly.

5
Some Hypos

• Bob is staying at Susies hotel. He drops his
  razor while shaving. When he stoops to pick it
  up, he sees that a purse has been smooshed up
  under the sink.
• What result and why?
• Which case would the court deciding Bob v. Susie
  likely say it was following or applying?

• Phil is at a party at Jills when an old board
  that had been somehow buried in her back yard
  gives way under Phil, revealing a large stash of
  currency in a hole. The currency is a few years
  old, and is generally a mess.
• If the court deciding Phil v. Jill found the
  money had been lost, which case would the court
  likely say it was following or applying?
• What if the court holds the money had been
  abandoned. What case would it most likely need
  to distinguish? What basis could it do so?
• What result would you predict if you represented
  Phil or Jill?

6
A Hypo Case Analysis

• Suppose a client comes to you with the same facts
  as in Terry, but the money was found in the
  ceiling of a public area of a hotel, not a room.
• If you represented the finders, how would you
  argue that one distinction makes the money
  something other than mislaid?
• How would the hotel likely respond?
• How do you believe a court would rule? Why?

• Same hypo. Now lets suppose the district court
  holds that, under these facts, the money is
  abandoned not mislaid. Which is correct-- the
  district court
• Extended Terry
• Followed Terry
• Distinguished Terry
• Limited Terry
• Overruled Terry
• Reversed Terry

7
Bailment

• What is a bailment?
• What are the elements of a prima facie case of
  bailment (418)
• What duty does a bailee for hire owe to a bailer?

8
Damaged Property

• If the bailee returns the property in damaged
  condition, is liability automatic?

• What two ways can the bailor use to establish
  liability by a bailee for hire?
• (a)
• (b)
• This creates a presumption of what?
• How can a bailee for hire for hire overcome it?

9
Gratuitous Bailments

• If the bailment is gratuitous, does proof by the
  bailer that the bailee failed to use reasonable
  care establish liability?

• If the bailment is gratuitous, does establishment
  of a PFC create a presumption of liability?
• If so, what does the bailee have to establish to
  overcome the presumption?

10
Case Briefs!

• Wasau (417)
• Facts?
• Issues?
• Holdings?
• Rationale?
• Class Discussion?

• Micelli (420)
• Facts?
• Issues?
• Holdings?
• Rationale?
• Class Discussion?

11
Similar Cases, Different Results

• Ellish (423)
• Facts?
• Issues?
• Holdings?
• Rationale?
• Class Discussion

• Allen (423)
• Facts?
• Issues?
• Holdings?
• Rationale?
• Class Discussion

12
An Outline

• Word Document to be posted