I respectfully disagree with your analysis pertaining to the personal property legal issue that Martin faces. I take issue with the way you are defining bailment and implying that Martin and Benjamin had an agreement to valet Martins GTO. Therefore, I take issue with your “bailment” positioning because that implies that the car thief and Martin had a personal agreement for him to park and return the car. ("National Para Legal,”) states
The issue of whether or not a bailment has been created is important because, once a bailment has been established, a duty of care attaches to the bailee. Failure to live up to this duty of care can cause the bailee to be liable for any harm that results to the property from the failure of the bailee to properly care for the property. However, if there is no bailment (only a custodial arrangement), the custodian has no affirmative duty to safeguard the property (2016).
However, the only agreement that Martin had implied was with the restaurant, which was made in good faith. Furthermore, the restaurant failed Martin because of their neglect to maintain their company’s property, which intern lead to the theft.
Moreover, I understand your thought process for the most recent purchaser exercising his good faith stance. However, I do not believe that stance would hold up in court because of the way the North Carolina law is written. According to ("North Carolina General Assembly,")
Article 3. Motor Vehicle Act of 1937. Part 8. Anti-Theft
“Any dealing with the whole of the property requires the involvement of all the co-owners. We have seen that there is a general principle that it is impossible to give a greater right than you have yourself … nemo dat quod non habet” .
When Martin arrived at the restaurant, he handed over his car keys to the valet. Unknown to martin, he gave his car to a former employee named Benjamin who was dressed in a neatly pressed valet uniform but had resigned the previous day. In all bailment circumstances, the custodian of a property who is the bailee has a base duty to protect any property in his possession (Holmes, 1975). I believe that there was a bailment relationship between Martin and the Riverboat Bistro because Benjamin posed as an employee at the restaurant and this made Martin give him physical control of the Car due to the intent he showed to possess it. The management at Riverboat Bistro was negligent in their duty by not making sure that Benjamin had properly handed over all clothes and signs to the business after he resigned. The restaurant should have ensured that no illegal activity that can misinform customers was happening on their premises including the putting up of a sign that states “Valet parking available”. Since Benjamin was working for Riverboat Bistro and impersonated himself as such, Martin can proceed to on a legal suit of misrepresentation against the
protect the bailors vehicle. Although you did park your car in the lot and the Greensboro
A bail bond is an agreement by an independent organization to ensure that the accused will show up in court. These are purchased by the accused when they cannot cover the cost of their bail--typically costing 10 percent of the bail amount. If the accused shows in court, there is no problem. If they don't, the bond company can be liable for the bail payment and are also legally obligated to help find the accused person.
but it was limited from liability. To clarify a bailment relationship is defined as a legal relationship in law
Title by Adverse Possession is when a person other than the titled owner of real estate legally obtains a transfer of possession into their name. This occurs in rare instances and in order to establish such ownership rights it is necessary to have been in continuous use and/or occupancy of the property for a set period of years as defined by state statute. Secondly, they must have used the property without interruption, or in other words, legal action to remove them from the property by the owner. Third, the owner must not have granted them permission to the property. Therefore, if a landlord rents the property to an individual they cannot later be considered an adverse possessor since the landlord granted them possession at some point.
Slavery was at the root of the case of Dred Scott v. Sandford. Dred Scott sued his master to obtain freedom for himself and his family. His argument was that he had lived in a territory where slavery was illegal; therefore he should be considered a free man. Dred Scott was born a slave in Virginia around 1800. Scott and his family were slaves owned by Peter Blow and his family. He moved to St. Louis with them in 1830 and was sold to John Emerson, a military doctor. They went to Illinois and the Wisconsin territory where the Missouri Compromise of 1820 prohibited slavery. Dred Scott married and had two
Valerie Martin’s Novel Property is an engrossing story of the wife of a slave owner and a slave, whom a mistress of the slave owner, during the late 18th century in New Orleans. Martin guides you through both, Manon Guadet and her servant Sarah’s lives, as Ms. Gaudet unhappily lives married on a plantation and Sarah unhappily lives on the plantation. Ms. Gaudet’s misserableness is derived from the misfortune of being married to a man that she despises and does not love. Sarah, the slave, is solely unhappy due to the fact that she is a slave, and has unwillingly conceived to children by Ms. Gaudiest husband, which rightfully makes Sarah a mistress. Throughout the book, Martin captivates the reader and enables you to place yourself in the
What is law? Law is a system of rules used to govern a society and control the behaviors of its members. In this case, Martin Luther King is charged for breaking a law. King questions the differences between just and unjust laws to justify his actions in Birmingham and the charges of breaking laws willingly. Defending his willingness to break laws, King argues, “How can you advocate breaking laws and obeying other?” He answers to accusation of his willingness to break laws with a well-written argument of what is just and unjust laws. Martin Luther King uses the definition, the categories, and the implication of the law excellently to answer the charges of breaking laws willingly.
In involving Gary and the restaurant here there are causes of actions against both of them. Gary was acting as an agent for the restaurant to apparent authority to do the hiring as the Executive Chef. Therefore, by either word or action, causes a third-party reasonably to believe that the agent has the authority to act, even though the agent has no express or inferred authority. However, Jay was promised the job by Gary, to be promoted as the restaurant Pastry Chef. Once, Gary was hired as the Executive Chef for the restaurant it was no longer an agreement to give Jay the job. Gary determine that the agreement was off and he would delay the message by a voice message left on Jay answer machine. In the message Gary went on to say Jay was
In an industry overwhelmed with fraud and corruption, Martin Marietta was ready to revamp their reputation to become an ethical company. This concept catapulted a decade of creating, developing, and tweaking an ethics program. Martin Marietta's goal was to maintain a work place with "descent people doing quality work" (page 1). But with this idea came a series of difficult challenges the company needed to overcome. Martin Marietta arose to the challenge and executed an elaborate ethics program. The programs successes were hard to measure at best. A SWOT analysis was designed to reflect upon all aspects of the ethics program. A case study was used to discuss Martin Marietta's
Owning things becomes something unreal, not fundamental or stable. Something that LIFE itself to the very highest degree works AGAINST. It will be clearer to human beings that nothing material in the absolute sense can be anyone’s private possession. In addition, per example, ‘owning’ marriage partner is an illusion – no can be sure that partner won’t end up falling in love with another and become ‘unfaithful’. Denying a divorce won’t change anything. Further, we even do not own our own organism we received it at one point and will keep it until it suffers a total electrical collapse, and withdrawal of both ‘day consciousness’ and ‘I’ from it. In between, we must maintain certain minimum condition to keep the organism out of the zone of mental and/or physical illnesses.
In Life, people materialistically gift and honor each other for commiting a virtuous deed, so is it unethical if individuals get rewarded when they help one another? John Stuart Mill, a known philospher states that morality is based upon human cognition and he describes how utilitarianism has changed numerous aspects about what morality can be defined as. Moreover, it demonstrats that if a decision ignites overall happiness then it is acceptable to take advanatge of a situation thus it might be considered immoral to others. In the book Justice by Michael Sandel's the free market is discussed and the free market has been a huge part of the community, but it has caused corruption more than purity and if governmental restrictions were non existant then we wouldn't be able to live and move on with our lives.
The ideology behind what private property represents and conveys through the theories of both Locke and Marx's results in contrasting views. Locke heavily stresses the blending of labor and common land to create private property to increase one’s wealth. Liberty and livelihood under Locke’s theory is tied to the ability of an individual to control the use of their private property. Marx’s theory strongly contends that the bourgeoisie has gained control of the profit making private properties leaving the working class in a stage of exploitation. Marx’s conclusion then is to set private property in the hands of the people in hopes of creating universal economic equality. Respectively each thesis places governments, labour and religion
Is private property a natural right? Yes I consider private property a natural right. Private plays a big role within natural rights. Many philosophers including Locke, Marx and Rawls each had their position on private property. This leads to the question: what is private property? You can’t just give one definition because as I said before, many philosophers has different positions about private property on natural rights. If I had to define private property, I would say it is any property that is not public property, and maybe under the control of a group or a single individual. It is like a claim to something that excludes others from having that same privilege. The one philosopher I will talk about is John Locke. John Locke’s position on private property being a natural right is really different from