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Question 1
Kelly steals Rich's brand new GMC Suburban. She applies a new coat of paint to the car. Assume that the paint job is worth $150. Can Rich recover the stolen car from Kelly?
Correct
Incorrect!
Correct Where a thief takes raw materials from an owner and improves them, the owner is entitled to recover the thief's creation unless the thief has increased the value of the raw material to the extent that it would be unfair to give the final product to the owner. Applying a paint job to a car certainly does not satisfy this requirement. Therefore B is the correct answer.
Incorrect! Where a thief takes raw materials from an owner and improves them, the owner is entitled to recover the thief's creation unless the thief has increased the value of the raw material to the extent that it would be unfair to give the final product to the owner. Applying a paint job to a car certainly does not satisfy this requirement. Therefore B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Kelly sneaks into Rich's car body repair shop and steals an engine and 2 doors. She carries them home and installs them into her 1997 Chevy Blazer. Rich can probably recover...
Correct
Incorrect!
Correct
Incorrect!
Correct Where the thief adds to raw materials in bad faith with labor and other raw materials, the rule is the same as in cases where the thief adds only labor. Here, since the value of the car is now much greater than the value of the engine and the doors, it would be unfair to give the entire car to Rich. Therefore, his recovery is limited to the value of the parts that were stolen from him. Therefore C is the correct answer.
Incorrect! Where the thief adds to raw materials in bad faith with labor and other raw materials, the rule is the same as in cases where the thief adds only labor. Here, since the value of the car is now much greater than the value of the engine and the doors, it would be unfair to give the entire car to Rich. Therefore, his recovery is limited to the value of the parts that were stolen from him. Therefore C is the correct answer.
Correct
Incorrect!
Question 3
Kelly is walking in a junkyard that she believes is not owned by anybody. She finds a dead Chevy Blazer and decides to bring it home and fix it up. She has the car towed to her house. Once there, she installs a new engine and some new parts and, eventually, gets the car to start working. It turns out that the junkyard is owned by Rich. Rich sues Kelly for the recovery of the car. Who will win?
Correct If both parties contribute raw materials to an object and the "thief" took the object in good faith, then whoever contributed most raw material to the final product will be allowed to keep the finished product. Here, although Kelly took the product in good faith, clearly, most of the finished product came from Rich. Therefore, Rich will get the car. Still, he must pay Kelly for the increase in the value of the car caused by her work and materials. Therefore A is the correct answer.
Incorrect! If both parties contribute raw materials to an object and the "thief" took the object in good faith, then whoever contributed most raw material to the final product will be allowed to keep the finished product. Here, although Kelly took the product in good faith, clearly, most of the finished product came from Rich. Therefore, Rich will get the car. Still, he must pay Kelly for the increase in the value of the car caused by her work and materials. Therefore A is the correct answer.