Hypotheticals

1. Yes, because of the purpose and expectation of valeting the car.

2. Yes, the bailee takes responsibility of the vehicle and related products in the vehicle.
3. No, the valet is not responsible for unrelated things with the vehicle.
4. Z owns lot 1 through adverse possession.
a. Z would own both lots; lot 1 through actual possession and lot 2 through constructive
adverse possession.
5. No, because Anna can only give what she has and she only has the property until her life ends so
Bs lease is subject to the length of Annas life.
6. O until B is 21. O has a fee simple subject to executory interest and B has a springing executory
interest.
7. O has the present possessory interest and a fee simple subject to executory interest and B has a
springing executory interest
8. O has a fee simple subject to executory limitations and the members have a springing executory
interest which is valid because all of the members are their own validating lives.
9. No because it is a convenience account.
a. A is not entitled to the contents unless there was a written gift.
10. No because his name was on the account for convenience.
11. A and B have shared custody of the chair with them trading off and the survivor gets the chair.
12. L has no rights because it was term of years lease and so no notice is needed.
a. L could hold T responsible for another year because the period starts over if no notice is
given.
b. T would have to give 30 days notice.
13. No because the English rule would require L to provide actual possession of the land to T.
14. The landlord had a duty to mitigate damages from the former lessees breach.
15. L has privity of contract with T and privity of estate with T3. T and T1 have privity of contract.
T1 and T2 have privity of contract. T2 and T3 have privity of contract.
a. NOTE: the person who has privity of estate is primarily liable and all others are
secondarily liable.
16. L can only go after T because he is the one L is in privity of contract and estate with because T
subleased to T1.
17. L and T have privity of contract, L and T1 have privity of estate, and T and T1 have privity of
contract so L can sue either T or T1.
18. You need to make the lien satisfied a contingency of the sale because the property is still subject
to the lien even though the buyer is not personally liable.
19. The deeds to the grandchild and her child are wild deeds and would not prevail.
20. B prevails because he didnt have notice. The Recording Act does not cover donors, gifts, or
intestate devices.
21. Under race statute, C would win because of the shelter rule.
a. Under a notice statute, C would win because he had no notice.
b. Under a race-notice statute, C would win because he was the first to record without
notice in a connected chain of title. Also, the shelter rule protects C against B.
22. The necessity disappeared after A acquired lot 5 because A owned all of the lots. The owner of
lot 5 cannot use the traditional easement by necessity because the lots were conveyed to the
heirs simultaneously. Therefore, the heirs will have to decide what will be least burdensome
and share the cost.
23. A cannot recover because there is no horizontal privity between A and B.
a. C would recover since A is an original party to the agreement.
24. Yes, because the intent of A is that the covenant runs with the land and there is horizontal
privity between A and B because of the grantor/grantee relationship and vertical privity
between B and C because C has an estate in quantum of B.
a. Yes, because C has constructive notice because the covenant was recorded.
25. No, because there was no horizontal privity.
a. Maybe, if C had actual notice. But C did not have constructive notice because it wasnt
recorded or inquiry notice because it is not something that can be observed.
b. Yes, because C can enforce the benefit because of his possessory interest and the
burden isnt running because A was an original party to the covenant.
c. Yes, because A had notice of the covenant.
26. No because there is no horizontal privity.
a. Yes because C had constructive notice because the covenant was recorded.