Carriers liability
Is the dome real property or personal property? Explain.
Finney’s dome is personal property because it can be moved from one place to another. The dome is built so that it can be detached from the ground and moved to somewhere else hence qualifying to be personal property rather than real property.[1]
Is Denai’s gift of land to Finney a gift causa Mortis or a gift inter vivos?
Denai’s gift to Finney is a gift inter vivos. A gift inter vivos is a gift made during an individual’s lifetime and not with the reason of imminent death.[2] It is a gift that an individual decides to give to another individual for good work. Denai decided to give a gift to Finney for the good work he had done for her; thus, she did not do so because of facing imminent death. Gift inter vivos is different from gift causa Mortis, which is the gift made in contemplation of imminent death. If the threat of death is eliminated, the owner has a right to revoke back the gift.[3] However, it is up to the owner’s discretion to either revoke or not if the threat of death is eliminated.
What type of bailment relationship was created when Denai agreed to store Finney’s boat? What degree of care was Denai required to exercise in storing the boat?
The term bailment refers to the particular legal relationships between two parties in common law where property is transferred from a bailor to Bailee. The bailor transfers the physical possession of the property to a Bailee for a particular period but still retains the ownership.[4] When Denai agreed to keep Finney’s boat, they created a type of bailment where both parties benefit. Denai gave Finney a place where he could keep his boat safely while Finney was to take care of Denai’s property safely. Denai was supposed to exercise the prudence degree of are to Finney’s boat. This is a degree of care that a reasonable person can exercise under the circumstances. If a party does not meet the standard of care, he/she may be liable to another party for negligence.[5] Denai ensured that Finney’s boat was safe while Finney was to make sure that h Denai’s property was safe. In other words, if Finney fails to exercise what a reasonable person could exercise to take care of Denai’s property, he could be liable for negligence.
What standard of care applied to the shipment of the dome by Doty Express?
The standard of care that Doty Express applied in shipping Finney’s Dome was standard of care. Caution is the standard of care where the party that has a duty of care should exercise caution and be cautious when handling the property because of its delicateness.[6] Shipping the dome from wherever it was sourced to Denai’s farm was not an easy task because it required a lot of cautiousness from the shipper. Suppose Doty Express could cause the dome to be destroyed before it was delivered. In that case, Finney could easily sue it for negligence for not exercising a reasonable caution standard of care required of it.
Debate: Common carriers should not be able to limit their liability
In common law, the carriers are liable for the damages for the goods they are carrying. Thud, Anaya common carrier on rail or road shall be liable for any loss or damage and injury of the property they are carrying because they are paid for the transportation or shipment services. When a business person entrusts the carrier with the transportation services, it must carry out the transportation with a high level of care to prevent and avoid damages to the goods they are carrying.[7] Carriers are involved in such business because they have the capacity in terms of technology and other logistics know-how. This is the reason I support the statement that common carriers should not be able to limit their liability because they have a legal duty of care in ensuring that their client’s goods are safe during the shipment.
[1] Kilroy, A. (2020). Real Property vs. Personal Property: Why The Difference Matters. https://smartasset.com/financial-advisor/real-property-vs-personal-property
[2] Miller, TR. (2017). Business law today. 11th Ed. Cengage Learning.
[3] Kilroy, A. (2020).
[4] Miller, TR. (2017).
[5]Hylton, J. Gordon, et al. 2003. Property Law and the Public Interest: Cases and Materials. 2d ed. Newark, N.J.: Lexis-Nexis.
[6] Miller, TR. (2017).
[7] Jasper, M. (2009).
Bibliography
Hylton, J. Gordon, et al. 2003. Property Law and the Public Interest: Cases and Materials. 2d ed. Newark, N.J.: Lexis-Nexis.
Jasper, M. (2009). Transportation Law: Passenger Rights and Responsibilities
Kilroy, A. (2020). Real Property vs. Personal Property: Why The Difference Matters. Available at https://smartasset.com/financial-advisor/real-property-vs-personal-property
Miller, TR. (2017). Business law today. 11th Ed. Cengage Learning.
Singer, Joseph William. (2002). Property Law: Rules, Policies and Practices. 3d ed. New York: Aspen Law & Business. Oceana.
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Question 
Carrier’s Liability
Answer the 4 questions passed on the information given. Then discuss your position on the debate this topic. When you are responding to the “Debate this” prompt, I do not want you to simply state whether you agree with the statement or disagree with the statement. I want you to explain the WHY. I want you to have material to back up your position. I want to see the support. What is your source? Additionally, when you post your final comment, don’t simply say I agree.
Carriers Liability
Debate This: Carrier’s liability
From Business Law II
Chapter 34, p. 872
Vanessa Denai owned forty acres of land in rural Louisiana. On the property were a 1,600-square-foot house and a metal barn. Denai met Lance Finney, who had been seeking a small plot of rural property to rent. After several meetings, Denai invited Finney to live on a corner of her land in exchange for Finney’s assistance in cutting wood and tending her property. Denai agreed to store Finney’s sailboat in her barn.
With Denai’s consent, Finney constructed a concrete and oak foundation on Denai’s property and purchased a 190-square-foot dome from Dome Baja for $3,395. The dome was shipped by Doty Express, a transportation company licensed to serve the public. When it arrived, Finney installed the dome frame and fabric exterior so that the dome was detachable from the foundation. A year after Finney installed the dome, Denai wrote Finney a note stating, “I’ve decided to give you four acres of land surrounding your dome as drawn on this map.” This gift violated no local land-use restrictions. Using the information presented in the chapter, answer the following questions.
- Is the dome real property or personal property? Explain.
- Is Denai’s gift of land to Finney a gift causa mortis or a gift inter vivos?
- What type of bailment relationship was created when Denai agreed to store Finney’s boat? What degree of care was Denai required to exercise in storing the boat?
- What standard of care applied to the shipment of the dome by Doty Express?
Debate This:
- Common carriers should not be able to limit their liability.