Alana, while in a variety store, owned by Bernard, noticed a sign on the wall reading “FREE-PLEASE TAKE ONE,” below which was a box of transistor radios. Alana put one of the radios in her pocket & walked out of the store. Bernard rushed out of the shore after Alana shouting, “Come back with that radio, you thief!” The street was crowded, & Alana, humiliated by the accusation, eluded Bernard & ran home.
Later that day, Carla, a customer who resembled Alana, went into the restroom of Bernard’s store. Bernard, thinking Carla was Alana, locked the restroom door & called the police. There was an open window in the restroom. Carla mounted a chair, planning to climb out the window. As she put her weight on the back of the chair, the chair tipped. Carla fell to the floor & broke her leg. Alana learned later that the “FREE-TAKE ONE PLEASE” sign referred to advertising bulletins that were usually beneath the sign and not to the transistor radios. She offered to return the radio but Bernard refused to accept it.
Discuss the rights of Alana and Bernard against each other & the rights of Carla against Bernard. For each discussion, tell me the cause of action you believe exists, then list the elements for that cause of action, & finally apply the facts of this case to those elements to conclude whether the Plaintiff will be successful in her claim, including damages. Also, follow the same format for any defenses that may exist.
Keep in mind that when answering these fact patterns, I am looking for your “research” & analysis. In research, I am not requiring anything outside of your text materials; however, feel free to go beyond, should you desire to do so. Be very thorough & support your answers with the legal terms we have discussed in this chapter. Remember, to always apply the facts of the case to the terms or elements.
You can use the following format when submitting your analysis:
Alana v. Bernard
Cause of action; Application; Damages; Defenses
Bernard v. Alana
Cause of action; Application; Damages; Defenses
Carla v. Bernard
Cause of action; Application; Damages; Defenses
