Tuesday, October 8, 2019
Quiz Research Paper Example | Topics and Well Written Essays - 750 words - 1
Quiz - Research Paper Example Allen transferred the possession of the car to the parking garage, while he retained the ownership of the car. The relationship established between Mr. Allen and the Hyatt Regency-Nashville parking garage is not a gift relationship. This is because, it is only the possession of the car which was transferred from Mr. Allen to the parking garage, while the formation of a gift relationship requires that both the ownership of the chattel or property is also transferred, when the possession is transferred from the owner of the property to the trustee (Powell, 273). There are several conditions that must be fulfilled for the establishment of a bailment relationship between the owner and the possessor of the property, for the relationship to qualify as a bailment. First, it is required that the bailee (possessor) of the property must intend to posses the property or the chattel (Powell, 272). Secondly, it is required that the bailee(possessor ) must actually and physically possess the property or chattel that has been transferred from the owner, as opposed to the gift relationship, where the physical chattel can remain with the owner, but the rights and ownership transferred to the trustee (Powell, 272). Therefore, according to the facts of the case Allen V Hyatt Regency-Nashville, a bailment relationship was created between Mr. Allen and the Hyatt Regency-Nashville parking garage, considering the fact that the parking garage had indicated the intention to possess the car parked by Mr. Allen, through the notice "Welcome to Hyatt Regency-Nashville" together with a sign marked "Parking." This way, the public was invited to utilize the parking, an indication of the intent of the commercial parking garage to possess the car. Secondly, the facts of the case meets the second requirement of the law for the fulfillment of a bailment providing that the property or the chattel must be physically possessed by the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.