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Dynamic Business Law eBook2/eContent Resources
Choose one...Chapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Chapter 9Chapter 10Chapter 11Chapter 12Chapter 13Chapter 14Chapter 15Chapter 16Chapter 17Chapter 18Chapter 19Chapter 20Chapter 21Chapter 22Chapter 23Chapter 24Chapter 25Chapter 26Chapter 27Chapter 28Chapter 29Chapter 30Chapter 31Chapter 32Chapter 33Chapter 34Chapter 35Chapter 36Chapter 37Chapter 38Chapter 39Chapter 40Chapter 41Chapter 42Chapter 43Chapter 44Chapter 45Chapter 46Chapter 47Chapter 48Chapter 49Chapter 50Chapter 51Chapter 52Appendix AAppendix BAppendix CAppendix D Choose one...
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Chapter48: The Nature of Property, Personal Property, and BailmentsChapter Opener p. 1059 | PART 10 | | Property | | | LEARNING OBJECTIVES | | After reading this chapter, you will be able to answer the following questions: | 1 | | What are the classifications of property? | | 2 | | How is personal property transferred? | | 3 | | What are the rights and responsibilities of parties to a bailment? | | | | CASE OPENERPrisoners and Personal Property | 2012-04-21T21:01:41.30HTML: <NOEMBED> (K)</NOEMBED> | | Warner Melvin, a prisoner at a U.S. penitentiary, was required to move to a new cell. Melvin was able to move most of his belongings to his new cell before his work shift. A few items remained in his old cell: a pair of Adidas shoes, some electronic equipment, and some food. Melvin hid the property and asked the guard to deadlock the cell. The guard, Richard, looked in the cell and determined it was empty. He did not lock the cell. When Melvin returned from work, he noticed that his property was missing. There are conflicting claims as to whether Richard knowingly allowed the other prisoners to take Melvin's property, but it is known that the cell was not locked. Melvin argued that Richard was a bailee and Richard was responsible for the lost property. Clearly the relationship between a prisoner and a prison guard is unique and different from more standard relationships, such as the relationship between a boarder and an innkeeper. However, whether this difference was strong enough to diminish any duty owed by Richard to Melvin was the question the court confronted. Although it is often difficult for prisoners to bring litigation, several cases across the country illustrate that the loss of their personal property is not uncommon. In Sellers v. United States, a frequently cited case, the prison restricted the amount of personal items inmates could keep in their cells. In accordance with...