Case Scenario - Mr and Mrs Green Essay Example | Topics and Well Written Essays - 750 words

Case Scenario - Mr and Mrs Green - Essay Example And, the Bailee accepts clothing to return it after they have dry cleaned the same to the Bailor. The Professional Bailee, Spouses Green, has the obligation to return the clothing. If the clothing is lost or damaged there is a rebuttable presumption that the Bailee was negligent. The Spouses must show that they exercised ordinary or reasonable care that a professional dry cleaning shop would do in the same circumstances. If they fail to do so, they will be liable for ordinary negligence and must reimburse the Bailor for the amount of the property. c) Purchase of a business does not mean purchase of the land or building where it is situated. To obtain title to the land and building the Spouses Green may make an offer to purchase it from the Owner thereof. The Spouses Green will encounter two types of real property: the immovable; and, the movable that has been attached to an immovable (Mallor, et al. p584). The first type are real property, by their very nature of being immovables; unlike the 2nd type which are by their nature movables considered by law as real property for being attached as a fixture by virtue of: 1. Attachment – If the personal property is firmly attached to the real property that it cannot be removed without damaging the property. The dry cleaning machines, gas tanks, and generators firmly fixed to the building wall and floor with big screws and metal clamps are fixtures by virtue of attachment. But, in the interest of encouraging the growth of businesses, they are reclassified as Trade Fixtures exempt from this rule. Trade fixtures are those necessary to carry on the business of the entrepreneur. 2. Adaptation – the degree to which the item’s use is necessary or beneficial to the use of the real property. Door knobs changed upon occupancy for security are necessary to the use of the real property