Prior Exam Qs - Syllabus Section I Fall 2022

PRIOR EXAM/PRACTICE QUESTIONS FOR REVIEW –
SYLLABUS SECTION I (PERSONAL PROPERTY)

1. Lou Lucky plays the same six numbers on Powerball for every drawing, keeping the
ticket in his wallet. One Friday night, Lou attends a big party at a friend’s house, and while
swimming in the pool has his pants (with the wallet in the back pocket) taken by Mel Mean, a
guy who was upset that Lou had been dating Mel’s ex-girlfriend. Lou borrows another pair of
pants to get home, and the next morning realizes that he got 5 of the 6 winning numbers in the
Friday Powerball drawing, entitling him to $500,000. He contacts Mel for the wallet,
apologizing profusely, but Mel refuses to give the wallet back. This continues for the full one
year period of time allowed to claim Powerball winnings, until Mel gives back the wallet one
day after the claim period expires. At common law, Lou’s best claim against Mel for the lost
Powerball winnings is most likely for:
a. Replevin.
b. Trespass.
c. Trespass to chattels.
d. Trover and conversion.
[Fall 2005 Q9]
2. Herman Bellville collects rare books. While showing his collection to a group of party
guests, Stedman Sneaky slips one of the books into his jacket pocket, and uses it to create a
realistic replica. The next week, while visiting Herman on the pretext of inquiring about a book,
Stedman sneaks the original book back onto Herman’s shelf. Stedman then sells the replica as a
real first edition, but the purchaser discovers the fraud, and the publicity from Steadman’s arrest
causes a collector to cancel his contract to buy Herman’s legitimate copy of the book for fear that
Herman’s copy is likewise a fake. Herman’s best claim against Stedman for damages from the
lost sale would be for:
a. Replevin.
b. Trespass.
c. Trespass to chattels.
d. Trover and conversion.
Fall 2006-M, Q6]
3. Burt Hooper inherits an old Victrola player from his grandmother. After some research,
he determines that the value of the Victrola is between $750 and $1000, so he takes it down to
PowrSellerz, a local business that sells goods on eBay for their owners and takes a 35% cut of
the final purchase price. Burt gives strict instructions that the Victrola must be sold for at least
$800, and Trip, the clerk at PowrSellerz, tells him that they will require that an $800 minimum
reserve be met before the Victrola will be sold. While entering the seller’s information on eBay,
Trip accidentally sets the minimum reserve at $80, and so Carl Collector wins the Victrola with a
bid of $486. Babs, another PowrSellerz clerk, reads the message from eBay that the Victrola
was sold, packs it up, ships it to Carl, and cuts a check to Burt for $302.53 (the proceeds minus
the 35% commission and shipping costs). When Burt comes by the shop to pick up his check, he
gets angry, yelling at Skip, the clerk working that day, that the deal was not what he agreed to
and that he wants the deal cancelled and the Victrola returned, as he just received an offer from a
collector to pay $2500 because the model Burt had is extremely rare. In his suit against Carl to
recover the Victrola, Burt will likely:
a. win, because PowrSellerz did not follow Burt’s instructions.

b. win, because there was a mutual mistake of fact.
c. win, because Carl never got good title.
d. lose, because Carl got void title.
e. lose, if Carl had no knowledge of Trip’s mistake about the minimum reserve.
[Spring 2010, Q6]
4. Al is a season subscription holder for the Delaware Opera. For years, when attending
opera performances, he has parked his Mercedes at Fine Arts Valet Parking without incident.
One night, while running late, Al discovers that road construction has blocked his usual way to
Fine Arts, so he quickly pulls into the entrance to Bob’s Self-Park Garage, gets out of his car,
tosses the keys to the person working in the Garage’s Cashier booth, yelling “I’ll get it after the
opera!” and runs off to the Opera House. Because Al’s car is blocking the entrance, the booth
attendant pulls the ticket out of the machine at the gate (in order to lift up the gate in front of Al’s
car), and then uses the keys to pull the car into one of the spots in the Garage. Charlie, dining in
a restaurant across the street, observes all this and, after finishing his meal, walks over to the
Cashier booth at Bob’s and tells the attendant that he is the guy who tossed his keys to the
attendant, asking for his keys to drive home. The attendant gives Charlie the keys, and Charlie
pays the parking fee and drives off. When Al returns 2 hours later, he discovers that the
attendant gave the keys (and car) away. If Al sues Bob’s Self-Park Garage for the loss of his car
and loses, with the above facts proved at trial, it is most likely because the court found that:
A. Bob’s exercised the necessary slight diligence over Al’s car.
B. Bob’s exercised the necessary reasonable care over Al’s car.
C. Al failed to show delivery of the car in good condition.
D. Al failed to show acceptance of the car by Bob’s.

VSA
1. (3 points) Chet Walker is concerned that certain family documents he found at his
grandfather’s house are deteriorating in condition. Chet wants to have the documents preserved
by a document specialist he knows at the Widener Art Museum because the documents have
great sentimental value to Chet. However, Chet will not be able to pay the fee for the
preservation work for six months, so he carefully places them in an envelope and gives it to his
close friend since high school, Jerry Armbruster, who is also a locksmith and safe salesman, and
asks Jerry to keep the envelope in one of the store’s safes until Chet comes to get it back. Jerry
puts the envelope on his desk in the back of the store, and forgets about it. One month later, a
fire breaks out at Jerry’s store and burns everything in the office, including the desk, but all the
safes (and their contents) survive. What (if any) was Jerry’s duty of care to Chet (1 point) and
why (2 points)?
[Spring 2010, Q2]
Short Essay Question #1. (20 points)
Bob Bicyclist rides his new Trek mountain bike over to visit his friend, Howard Homeowner, at
Howard’s house. After seeing Bob’s bike, Howard suggests that Bob lock his bike up to the
metal porch railing at Howard’s home during the visit. When Bob comes out later, he finds that
the railing has been sawed through and the bike stolen. Howard, embarrassed by the theft,
suggests Bob sue Howard because his homeowner’s insurance company will pay for a new bike.
Briefly discuss Bob’s theory or theories of liability in suing Howard and the likelihood of
success on such claim(s).
[Fall 2005]

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PRIOR EXAM/PRACTICE QUESTIONS FOR REVIEW –

SYLLABUS SECTION I (PERSONAL PROPERTY)

a. win, because PowrSellerz did not follow Burt’s instructions.

A. Bob’s exercised the necessary slight diligence over Al’s car.

B. Bob’s exercised the necessary reasonable care over Al’s car.

C. Al failed to show delivery of the car in good condition.

D. Al failed to show acceptance of the car by Bob’s.

Short Essay Question #1. (20 points)

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