BUS 393 Lecture Notes - Bailment, Nuisance, Mineral Rights

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Land and things affixed to land: buildings, bridges, structures. Tangible goods and movables (chattels: fixed in one location. Bailment one person takes possession of and cares for goods of another. Intellectual property (ideas and info: gratuitous bailment for benefit of the bailee. Someone borrows tools to work on her house. Duty imposed is high: gratuitous bailment for benefit of the bailor. Store someone"s tools because there is no room in their apartment. Duty of care is only what would be expected of them caring for own goods. Reasonable persons test: bailment for value. Duty of care on bailee (reasonable persons test) Right to the land/right to use land. Limitations: extends to only reasonably useable distance above/subsurface, mineral rights withheld, restrictions (covenants, building schemes, gov"t powers (taxation, building permits) Tenant given exclusive possession and right to use land for period of time. Periodic leases: lease is only for one month but is auto renewed every month until notice given to terminate.

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