Fall 2023 - 150 Law - Homework 1222
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Jan 9, 2024
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Business Law 150
Homework #12
1.
O conveys property to A on December 15, 2017. O conveys the same property to B
on December 16. Finally, O conveys the title to the property to C on December 18. A
records the title on December 30, 2017. B who knew that O conveyed the property
to A, recorded on December 16, 2017. C who knew nothing about A or B records the
title on December 28, 2017.
a.
In a race state, who will end up owning the property?
In this case, C may end up owing the property seeing that C is the only party
who recorded without knowledge of the prior conveyances. This is because
in a race-notice jurisdiction, a subsequent purchaser without knowledge of
prior conveyances who records first is typically protected.
b.
Under notice states, who will end up owning the property?
In a notice state, the person who records first without notice of prior
conveyences typically has a stronger claim. Given that C recorded without
knowledge of A's or B's claims and recorded before A, C may also end up
owning the property in this case.
2.
At 3:00 AM Sonya Winchell was driving through a Taco Bell drive thru. The car in
front of her was taking a very long time so she honked her horn.
The driver of the
other car came out of his car put his face next to Sonya and started cursing her.
Sonya punched him in the nose and he fell backward. When he got up, he pulled out
a gun and shot Sonya. The shooter was arrested and
Sonya sued Taco bell for
damages. What are Sonya’s arguments for holding Taco Bell liable for her damages?
What is Taco Bell’s defense? (actual case)
Sonyas arguments may be lack of Security Measures.
Sonya might argue that Taco
Bell should have had security measures in place to prevent things like this
happening or any sort of violence. She may also argue Negligence in the sense that
Taco Bell was negligent in managing its drive-thru, allowing a situation to escalate to
violence. Seeing that the incident occurred on their property, sonya has a strong
argument.
On the other hand, Taco Bells Defense would be that the incident unforeseeable and
not within their control. In other words, Unforeseeable Actions. They may also argue
that any negligence on their part did not directly cause the incident. They may point
out that Sonya's decision to honk her horn and engage in physical violence with the
other driver was a separate cause and what actually led to the incident. They could
also aregue that by law they are not responsible for protecting customers against
criminal acts committed by other customers.
3.
Robert Long owned property that he leased to Adams. Adams had an advertising
billboard placed on the property. Adams notified Long that he was terminating the
lease and would have the billboard demolished. Long told Adams not to demolish
the billboard, since it now belonged to him. What was Long’s arguments that the
billboard belonged to him, even though Adams paid for and installed the billboard?
What were Adams’ arguments that if Long didn’t want Adams to destroy the
billboard he would have to pay Adams for the billboard. The real question is who
owned the billboard?
Long might argue that the billboard has become a fixture, meaning it has become
so attached to the property that it is considered part of the real estate. Also, If the lease
agreement explicitly addresses the issue of improvements or fixtures, Long could point to
any clauses that indicate ownership or removal rights. Seeing that these are usually the
terms of most leases, long would have ownership of the billboard.
On the other hand, Adams could argue that he paid for and installed the billboard, making it
his property. If there is no specific agreement made by them or on the lease, Adams might
claim that he retains ownership of any improvements he made to the property.
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