Case Study 2 Busi561

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Personal Property-

Mr. Martin, you informed me that as you pulled up to the Riverboat restaurant you noticed a sign indicating valet parking was available. Standing there was a young man in a neatly pressed Riverboat uniform, which identified himself as Benjamin, and asked you if you would like your car parked. You handed him your keys and walked in the restaurant with your date. Once you realized you both were underdressed you left and walked outside. Once outside, you realized the valet parking available sign was folded up and lying under bushes. When you asked the hostess if she could call the valet to retrieve your car she informed you that there was no valet service that night. She stated that valet was only available on weekends. After you informed the hosted that you had a valet named Benjamin, she informed you that he quit the day before and never returned his uniform.

The acts between you and Mr. Benjamin would be considered bailment. Bailment is a relationship which one person (the bailor) transfers possession of personal property to another (bailee) to be used in an agreed-on manner for an agreed-on period of time (Kubasek, Brennan, & Browne, 2015, p.367). It is obvious that you were under the impression that Benjamin was a legit valet due to the sign, his uniform, and name tag. You provided him with your car keys expecting him to park your vehicle and return it once you were ready to leave. Your car was found three weeks later at the Classic Car Show in Mount Olive, NC. It was purchased from a used car lot in Kinston, NC, who had taken your vehicle from a young male fitting the description of Benjamin. The dealer and the guy showing the car were not aware that the car was stolen. The man in possession of the car would not give you the car back unless he received $5,600.00 that the paid for the vehicle.

Mr. Martin, I would like to inform you that you have the legal right of retrieving your vehicle back. According to North Carolina law, every person entrusted with any property as bailee, lessee, tenant or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same, or the proceeds thereof, to his own use, or secretes it with a fraudulent intent to convert it to his own use, shall be guilty of a Class 3 misdemeanor (G.S.24-14-168.1). Benjamin will be charged and held responsible for stealing your car. Also, neither the car lot in Kinston, NC nor the man currently in possession of your car had the right to take the car whether they paid for it or not without the legal documentation. In order for this to have been a legal transaction, a signed title was required. A vehicles title is the legal documentation needed for trading in or selling a car.

According to the North Carolina Division of Motor Vehicles, the title transfer requires an additional document to be provided, which is the original Title of the vehicle (North Carolina Division of Motor Vehicles, n.d.). The information on the back of the original Title must be filled out by both the original owner and recipient (North Carolina Division of Motor Vehicles, n.d.). According to the law, you are entitled to retrieve your car back without paying for it because you are the original owner of the vehicle and you did not sign the title over to Benjamin. Therefore, Benjamin had no legal right to trade your care in for a 1967 Mustang convertible or any other car. I would advise you to report your car stolen and go to the Department of Motor Vehicle to inform them of your stolen car and let them know your stolen car has been traded in without your authorization.

Mr. Martin, Benjamin was wrong for manipulating into believing his was a valet on duty and then stealing from you. Dear friends, never take revenge. Leave that to the righteous anger of God. For the scriptures say, I will take revenge; I will pay them back, says the Lord (Romans 12:19, New Living Translation). You must not hold any grudges towards him but instead forgive him. Know that Benjamin will not get away with his wrong doings. You will always reap what you sow. Those who live only to satisfy their own sinful nature will harvest decay and death from that sinful nature; but those who live to lease the Spirit will harvest everlasting life from the Spirit (Galatians 6:7-8, New Living Translation). Continue to have faith and do right by God and walk by faith knowing God has things under control.

References

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2015). The legal environment of business: A critical thinking approach. (7th ed.) Upper Saddle River, NJ: Pearson.

Legal Information Institute. (n.d.) Adverse Possession. Retrieved from the Cornell University Law School Website: http://www.law.cornell.edu/wex/adverse_possession

Legal Information Institute. (n.d.) Joint Tenancy. Retrieved from the Cornell University Law School Website: http://www.law.cornell.edu/wex/joint_tenancy

N.C. Gen. Stat. Section 14-168.1 (2015).Retrieved from http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_24.pdf

N.C. Gen. Stat. Section 40A-3(b) (1) (2015).Retrieved from http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0040A

N.C. Gen. Stat. Section 28A-23-3 (2015). Retrieved from

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_28A/GS_28A-24-3.pdf

N.C. Gen. Stat. Section 1-40 (2015). Retrieved from http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_1/GS_1-40.pdf

North Carolina Division of Motor Vehicles. (n.d.). Title Transfer. Retrieved from http://www.ncdot.gov/dmv/vehicle/title/transfer/

North Carolina Estate Planning Law Firm. (2015). The Problem with Joint Property. Retrieved from the North Carolina Estate Planning Blog website: http://www.ncestateplanningblog.com/02/07/articles/estate-planning/the-problem-with-joint-property/

US Legal. (2014). Purposes For Which Takings May Be Made. Retrieved from US Legal, Inc. website http://eminentdomain.uslegal.com/purposes-for-which-takings-may-be-made/

US Legal. (2015). Right of Survivorship Law & Legal Definition. Retrieved from US Legal, Inc. website

http://definitions.uslegal.com/r/right-of-survivorship/