ACC 543 Week 5 Assignment

The money is mislaid property and it should be awarded to the owner of the hotel. In looking at the explanations of both mislaid and lost property, the difference between the two terms is how the item was left. Under mislaid property, it is defined as property that is voluntarily left somewhere by its owner and forgotten about. Lost property is where the property is misplaced out of carelessness or negligence. The money was found by Mr. Franks carefully wrapped in the dresser of the room. By its appearance, it can be assumed that it was placed there, not out of negligence, and forgotten by the owner. Since Mr. Kazi was the owner of the hotel, the money goes to him.

47.3

Bailment was not created between the two parties. Sisters of Charity should win their appeal. For bailment to take place, the bailee must knowingly accept goods from the bailor. Sisters of Charity have no knowledge of what their patrons place in the lockers for safe keeping. As a result, no bailment is created. Had they known what valuables Mr. Meaux placed in the lockers and accepted it, then it would be a different story.
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