Questions:

Question 1:

• Read through the facts section of A & D International v. United States of America and M & H Brokerage, Inc. 665 F.2d 669 (5th Cir. 1982). 
• Read of Surety Bank v. Dunbar Armored, Inc. which provides an excellent summary of Florida caselaw on bailments.

 

1. Discuss whether you think a bailment was created in the A & D International case and discuss why or why not.

Be sure to justify your decision based on the Florida requirements for creating a bailment.

 

Question 2:

 

1. Hot Coffee has been leasing a store to sell their custom coffee mugs. They purchased and installed cabinets, shelves, and a counter to display and sell the mugs. 

What is the test used to determine if something is a fixture? 

Are these items considered personal property or fixtures? 

Will they belong to Hot Coffee or to the landlord when the lease expires?

 

If Hot Coffee and the landlord decided to each contribute 50% to the purchase of a new location for the Hot Coffee business,

1. What are two of the options they could use to buy the property together? 

2. What are the consequences for each option?

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