Hypotheticals

1. If you valet park in Chicago but keep an extra set of keys, is it still a bailment?
2. If you take a car to get serviced and the tire changing kit goes missing, is the bailee liable?
3. If you valet your car in Chicago and there are Christmas presents in the trunk, is the valet
responsible?
4. X thinks he owns lots 1 and 2 and transfers the lots to Z. Z occupies lot 1 and it turns out Y
actually owns lot 2. What does Z own?
a. What if Z occupies lot 2, what does he get?
5. In Baker v. Weedon if Anna had given B a 10 year lease of the farm but then dies 5 years later at
the age of 78 would Bs lease still be good?
6. O conveys to A for life, remainder to B if B reaches age 21. A dies and B is only 18, who has the
right to possess?
7. O to B if B reaches age 21. Who has the present possessory interest?
8. O, a teacher of property law, declares that she holds in trust $50,000 for all members of her
current (2012) property class who are admitted to the bar. Is the gift valid?
9. O, a widower, opens a joint bank account with his niece, A, so that A can get money out if he
gets sick. Is A entitled to the money in the bank account?
a. A is not entitled to the contents unless there was a written gift.
10. H and W are married and have a son, S, and they open a joint account. The money in the
account comes from Hs salary and a separate savings account owned by H. H dies and W claims
the entire amount of the savings account is hers. Does S have any right to the money?
11. A and B are heirs of their father who owned one item that both of them wanted, an old rocking
chair. They cannot agree who is to have it. What relief should the court award?
12. On October 1, L leases Whiteacre to T for one year. On the following September 30, T moves
out without giving L any notice. What are Ls rights?
a. L could hold T responsible for another year because the period starts over if no notice is
given.
b. T would have to give 30 days notice.
13. T leases from L a large piece of land to be used for hunting and trapping. After paying a years
rent in advance, T finds out there is no public access to the land. Neighboring owners refuse to
give T ingress and egress. The jurisdiction follows the English rule. Has L satisfied the duty
imposed by that rule?
14. L and T execute a lease for a specified term. T takes possession and pays rent for several
months. T then learns that L had earlier leased the premises to another lessee for the same
term. T remains in possession but stops paying rent. L sues T for unpaid rent and T
counterclaims for rent already paid. What result?
15. L leases to T for 5 years. T conveys to T1 after a year who leases to T2 after a year who leases to
T3 after a year. What does L have?
16. L leases to T for a term of 3 years at a monthly rent of $1000. One year later, T subleases,
transfers, and assigns to T1 for a period of one year. Neither T nor T1 pays L. What rights does L
have?
17. L leases to T for 3 years. Six months later, T1 with the permission of L, transfers to T1 for the
balance of the term. T1 defaults and L sues T. What result?
18. What happens if you buy a property that has a mortgage lien on it?
19. Sherman conveyed the deed to Fitch (first deed out) and forgot due to dementia and conveyed
the deed to her grandchild who then conveys to their child. What happens?
20. O conveys to A who does not record. O subsequently dies leaving H as his heir. H then conveys
to B who records. B is a bonafide purchaser. Who owns Blackacre?
21. O conveys to A who does not record. O subsequently conveys to B who is a bonafide purchaser
but does not record. A then records and conveys to C who is a bonafide purchaser. B records
and then C records. Who prevails under race statute?
a. Under a notice statute?
b. Under a race-notice statute?
22. A owns 5 adjoining tracts of forest land, numbered 1 through 5. All 5 lots had been previously
owned by O as a single tract. A bought each lot from O in separate transactions. Lots 1 and 2
are bounded by a public road on the north; lots 3 and 4 are bounded by a public road on the
south; lot 5 has no access to the public roads. A dies intestate and the lots are assigned to her 5
heirs. The owner of lot 5 sues the owners of lots 1 and 4 claiming an easement by necessity.
What result?
23. A and B are neighbors and decide they will mutually restrict their lots to single family residential
use. They sign an agreement that promises that they and their heirs and assigns that their lots
are for single family residential purposes. This agreement is recorded. B sells her lot to C and C
builds an apartment on the lot. A sues C for damages. What result?
a. C would recover since A is an original party to the agreement.
24. A conveys to B and theres a covenant that B will not subdivide the land and it has been
recorded. B then conveys to C who begins to subdivide. Can A sue for money damages?
a. Injunctive relief?
25. A and B own adjacent property and agree that neither will lease the property. This agreement
was not recorded. B conveys to C who leases to T. Can A sue C for money damages?
a. Injunctive relief?
b. What if A leased to D, can C sue for money damages?
c. Injunctive relief?
26. A and B are neighbors and agree to not use for commercial purposes and its recorded. B
conveys to C who opens a barber shop. Can A sue for money damages?
a. Injunctive relief?