The Cup Case Study

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Wendy, a six-year-old girl, found a cup in the garbage located in her school’s playground. The cup was part of a major marketing campaign, which advertised that consumers were able to win a variety or prizes, with the grand prize being an SUV. Prizes are discovered when the consumer roll up the rim of the cup. Wendy, not being strong enough, had the help of an older girl, Rhonda, roll up the rim of the cup and it was discovered that the cup contained the grand prize. Since this, multiple claimants have come forward claiming the SUV. They include the parents of Wendy, the parents of Rhonda, Eugene—who has a receipt proving that he purchased the cup, and the school, where the cup was found by Wendy. Our company faces the issue of whom to give the SUV to. This case will have to look into who had the rights to the cup and therefore the right to the SUV.
Legal Issues:
The issue is determining which of the claimants has the best rights and ownership of the cup. Based on each
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This may be due to the reasoning that, without Rhonda’s help, Wendy would have likely been unable to roll the rim and discover the grand prize. Although that may have been the case, it may be argued that Rhonda was only in possession of the cup for the intention of helping Wendy, and not in owning it. This would put Rhonda in the position of being the Bailee and Wendy as the Bailor. In this arrangement of bailment, when Wendy transferred the cup to Rhonda, that act did not indicate Wendy giving ownership of the cup away. Moreover, the rule states that the finder may keep the chattel or property against all others but the true owner. So, in this circumstance, the rights and ownership of the cups does not belong to Rhonda. In addition, Wendy may further argue that she took the cup into her care and control when she tried to roll it herself, and asked for the help of another student to help her unroll the

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