35–1 Duties of the Bailee.
Discuss the standard of care traditionally required of the bailee for the bailed property in each of the following situations, and determine whether the bailee breached that duty. (See pages 921–923.)
1. Ricardo borrows Steve’s lawn mower because his own lawn mower needs repair. Ricardo mows his front yard.
To mow the backyard, he needs to move some hoses and lawn furniture. He leaves the mower in front of his house while doing so. When he returns to the front yard, he discovers that the mower has been stolen.
2. Alicia owns a valuable speedboat. She is going on vacation and asks her neighbor, Maureen, to store the boat in one stall of Maureen’s double garage. Maureen consents, and the boat is moved into the garage. Maureen needs some grocery items for dinner and drives to the store. She leaves the garage door open while she is gone, as is her custom, and the speedboat is stolen during that time.
36–5 Commercial Lease Terms.
Gi Hwa Park entered into a lease with Landmark HHH, LLC, for retail space in the Plaza at
Landmark, a shopping center in Virginia. The lease provided that the landlord would keep the roof “in good repair” and that the tenant would obtain insurance on her inventory and absolve the landlord from any losses to the extent of the insurance proceeds. Park opened a store—The Four
Seasons—in the space, specializing in imported men’s suits continuing for nearly eight years, water intermittently leaked through the roof, causing damage. Landmark eventually had a new roof installed, but water continued to leak into
The Four Seasons. On a night of record rainfall, the store suffered substantial water damage, and Park was forced to close the store. On what basis might Park seek to recover from Landmark? What might Landmark assert in response? Which party’s argument is more likely to succeed, and why? [Landmark HHH, LLC v. Gi Hwa Park, 277 Va. 50, 671 S.E.2d 143 (2009)] (See page 943.)
37–1 Timing of Insurance Coverage.
On October 10, Joleen Vora applied for a $50,000 life insurance policy with Magnum Life Insurance Co. She named her husband, Jay, as the beneficiary. Joleen paid the insurance company the first year’s premium on making the application. Two days later, before she had a chance to take the physical examination required by the insurance company and before the policy was issued, Joleen was killed in an automobile accident. Jay submitted a claim to the insurance company for the $50,000. Can Jay collect? Explain. (See pages 952–956.)