Memorandum
Statement of Facts:
On June 7, 2000, Helen Schulte borrowed a heirloom necklace from Sally Brown to wear on her wedding day. The necklace was valued at approximately $10,000. Two nights before her wedding, Helen wanted to show the necklace to a friend, who was working at a store located in an area known to be a rough part of town. Helen put the necklace on before she got out of the
car. While walking to the store she was robbed. The necklace was among the items stolen.
Issue:
Whether a bailor can recover for property that was stolen while in the possession of the
bailee?
Answer:
Yes. When the bailee has failed to return the property or returns the property in a damaged
condition there is a presumption of negligence.
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Discussion:
A bailment is established when there is a delivery of property for some purpose upon contract, expressed or implied, that after purpose has been fulfilled, property shall be returned to the bailor, or otherwise dealt with according to the terms, or kept until he reclaims it. Am. Ambassador Cas. Co. v. Chicago, 205 Ill.App.3d 879, 563 N.E.2d 882, 229 Ill.Dec. 728 (1990); Knapp, Stout & Co. v. McCaffrey, 171 Ill. 107, 52 N.E. 898 (1900); Interlake, Inc. v. Kansas Power & Light Co., 79 Ill.App.3d 679, 398 N.E.2d 945, 34 Ill.Dec. 954 (1979). A bailment for the sole benefit of the bailor is called a gratuitous bailment. Kirby v. Chicago City Bank & Trust Co., 82 Ill.App.3d 1113, 403 N.E.2d 720, 38 Ill.Dec. 489 (1980); Knapp, Stout & Co, 171 Ill. 107, 52
N.E. 898, Miles v. Int'l Hotel Co., 289 Ill. 320, 124 N.E. 599 (1919).
In the present case, Sally gave Helen a necklace to use for a specific purpose. Helen
accepted the property in good condition. There was no consideration and no benefit for the bailor. Therefore, a gratuitous bailment relationship was established between Sally and Helen.
Illinois courts have set forth four elements that most be proven in order to recover under
the bailment theory:
(1) express or implied agreement to create bailment,
(2) delivery of property in good condition,
(3) bailee's acceptance of property, and
(4) bailee's failure to return property or returning property in
damaged condition.
Am. Ambassador Cas. Co., 205 Ill.App.3d 879, 563 N.E.2d 882, 229 Ill.Dec. 728; Kirby, 82
Ill.App.3d 1113, 403 N.
and Mme. Loisel cooperate to find what seems to be an exact replica of the lost necklace, which they must purchase and return to Mme. Forestier. Mathilde attempts to find a replacement for the necklace to prevent Mme. Forestier from realizing the original had been lost. The couple travelled “from one jeweler to another hunting for a similar necklace” (175). They went together to look for the necklace, which proves that they are exerting mutual effort. M. Loisel uses all means necessary to pay for the necklace. He “made ruinous deals” (187) and “risked his signature” (188) in order to pay for the expensive diamond necklace. Though Mme. Loisel lost the necklace, her husband uses his savings and takes out loans to help her pay for the replacement. The couple acquires the necklace and must return it to Mme. Forestier. M. Loisel brings the necklace home, and “Mme. Loisel took the necklace back” (199) to the owner. The couple collaborates to get the necklace into the hands of its owner. Mathilde and M. Loisel work together to replace Mme. Forestier’s necklace, and she is none the
Gummow and Bell JJ concluded that clause 1 of the Deed signed Rural’s debts and its interests under the loan agreements to Equuscorp. Their Honours observed that the phrase “other remedies for these matters” located in clause 2 assigned a claim in restitution for money had and received . Heydon J agreed with this decision on similar grounds .
This story is about Matilda and her husband. Matilda receives an invitation to attend to a party, but she has no jewelry to wear, so she borrows one from a rich friend. Unfortunately, Matilda loses the necklace at the party and has to buy a new one worth thirty-five thousand francs. She works for years to repay all the money she borrowed, but when she finally gets all the money, she finds out the necklace was worth “No more than five hundred francs.” This story has two unexpected twists in it: she loses the necklace and she works for years to pay it off, only to find out it is less than one sixth of what she paid. How Matilda deals with finding out the price is left to the reader’s imagination, but it shows that when Matilda loses the necklace she deals with it relatively calmly, borrowing money to buy a new one and later working for years to pay it
If you have to wait, make sure that are calm and cooperative. Although this is a difficult time, you need to remember that your behavior can influence your bail. Bail is a way to ensure you will return for your court appearances. How you behave in jail can be reported to the judge. This might influence the bail amount that is eventually ordered.
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
The purpose of bail is to guarantee the presence of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a way of punishing a defendant, nor is supposed to there be a suggestion of proceeds to the government. Bail is use as a way of guarantee that the defendant will not become a fly risk or a fugitive.
Bail decisions invariably fall within the purview of the judiciary; judicial officers, also referred to as bail authorities, determine and decide pretrial release or pretrial detention. The twofold criteria for all forms of release on bail are flight risk and future dangerousness to society.
5. (CP) Madame Loisel borrows seemingly expensive necklace to satisfy her arrogance and attend a party that was way above her social class, only to lose it. She has been blessed with physical beauty, but not with the lifestyle she desires. She may not be the ideal protagonist, but she went through a tough time after she lost the necklace and had to make money to replace it.
(i) only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and
Besides that, she made a key necklace for herself with her room key so that wouldn’t lose or forget her key anymore. This shows how the concept of Creative Problem Solving (CPS) is used. If she were to leave it in her pocket or in her bag, there is a chance that her key could go missing. When it is around her neck, she knows that it is with her all the time.
“Guy de Maupassant’s, “The Necklace”, is about a young couple who discovers the upper society appears to sparkles like a real diamond necklace, but in reality it is not always true. A decision that seems to protect their integrity turns out to tarnish it – like a fake necklace. However, through ironic insights we witness drama, character revelations and experience surprise” (Clugston, 2010) .The Necklace is told from a 3rd person point of view with limited omniscience. The title suggests that the plot will center on a necklace. So, naturally we, the audience or reader wants to know what the significance of the necklace is. After reading the story I believe that Maupassant used the necklace to symbolize the upper society or wealth. Another symbol that the necklace represents is appearance. In the story Mme. Loisel was a beautiful young woman that had admirers at the reception. She made all the attendees believe she was from...
“The Necklace”, narrated by Guy de Maupassant in 3rd person omniscient, focuses the story around Mathilde Loisel who is middle class, and her dreams of fame and fortune. The story is set in 19th century France. One day, Mathilde’s husband brings home an invitation to a fancy ball for Mathilde; to his surprise Mathilde throws a fit because she doesn’t have a dress or jewelry to wear to the ball. M. Loisel gets her the beautifully expensive dress she desires and Mathilde borrows a diamond necklace from Mme. Forestier, a rich acquaintance of Mathilde. Mathilde goes to the ball and has a night she’s dreamed of, until she gets home from the ball at 4 A.M. to find
“The Necklace” by Guy de Maupassant is about a girl who lives a poor and unfortunate life. She dreams of living in a high class society with many riches and jewels. She sees herself as something important and a person that everyone should respect as a valuable person. The only way Mathilde Loisel can be satisfied with herself and be content is by having expensive objects in her possession. Unfortunately for her she does not have the opportunity or the availability to buy luxurious items for self and becomes frustrated. Without the things that she desires she can not feel happy about how she is living and can not appreciate what she has. Her strong need for the expensive things makes her sad and sorrowful because she lives a normal life with her husband. Attending to typical housewife duties like cooking and cleaning, when she rather be wearing lavish clothes and fancy jewelry.
Furthermore, the lifestyle both women want ends up in disaster however, one ends in death while the other in hard labor. In "The Necklace", the wife ends up losing her friend’s expensive necklace which causes her to work hard to earn enough money to pay of a new one. Due to all the work she loses her beauty. In contrast, whereas in "The Jewels" the constant attendance of the opera house during the winter causes her to die of inflammation which resulted a deep sorrow towards the husband. Both wife’s lived life differently. Both tries to find the best way to fulfill their desire for the good
The Necklace also displays distinctive realism in the use of socioeconomic influences which are essential to the plot. The major conflict in the story would be absent and the theme would not be obtainable without Mathilde Loisel’s insecurity about her own socioeconomic reputation. An example of Loisel’s self-deprivation nature is presented when she realizes she does not have a necklace, she says “I shall look absolutely no one. I would almost rather not go to the party” (Maupassant, sec. 3). Another example of the self-conflict caused by social pressure is Loisel’s immediate attempt to replace the necklace and her reluctance to speak to her friend Madame Forestier about the necklace for ten whole years. If she were not conflicted by societal pressures she might have avoided the whole situation altogether. The Necklace establishes a realistic difference in value between the necklaces and proposed clothing. Her husband proposes flowers which were valued 10 franks so in any case if she had chosen the flowers there would have been an insignificant economic loss. Her decision not to tell her friend about the necklace ends up costing her seven times the worth of the original. The roses symbolize the simpler things in life to the theme of the story. Mathilde Loisel’s withered appearance at the end