PERSONAL PROPERTY Flashcards
A renter was moving from one apartment to another in Virginia Beach, but she had to be away on business during the weekend of the move. After boxing up all of her possessions, the renter convinced a friend with a truck to move her belongings to her new apartment. She paid the friend $200 in advance and gave him the keys to both apartments. On the weekend of the move, the friend worked as quickly as possible to finish, carrying more boxes than he could securely hold on each trip. Failing to exercise ordinary care while carrying an unlabeled box into the renter’s new apartment building, the friend dropped the box. The friend was unaware that the box contained glassware, which had a fair market value of $1,000. None of the glassware is salvageable. Is the friend liable for the damage to the glassware?
Yes, for $1000, because the bailment was for the mutual benefit of himself and the renter.
A mother owned a necklace that had been handed down from mother to oldest daughter for several generations. The mother’s younger daughter took the necklace. When the mother demanded that her younger daughter return the necklace, the younger daughter refused. Three years later, the younger daughter died. The younger daughter’s spouse inherited all her property. Four years after the death of her younger daughter, the mother died. In her will, the mother left the necklace to her older daughter. Who is entitled to the necklace?
The younger daughter’s spouse, because a suit to recover possession of the necklace cannot be successfully maintained.
NOTE - The statute of limitations for bringing an action to recover personal property that has been adversely possessed is five years.
