Case Study Info for Final

Determine that allowing substantially similar

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determine that allowing substantially similar incidents of failure should have been allowed in the negligent design claim against BMW AG. Corliss v. Wenner and Anderson Issue: Did the trial court correctly classify the coins found on Wenner’s land as embedded or mislaid property and is the promissory note valid and unconditional payment required? Holding: The appeals court holds that the owner of the land has constructive possession of all personal property secreted in, on or under his or her land. The district court's order granting summary judgment in favor of Anderson on Corliss' promissory note was affirmed by the appeals court. Reasoning: The appeals court adopted the district court's reasoning and conclusion melding the law of mislaid property with that of embedded property and conclude, as a matter of law, that the landowner is entitled to possession to the exclusion of all but the true owner, absence a contract between the landowner and finder. The coins had been wrapped in paper, like coins from a bank, and buried in a glass jar, apparently for safekeeping. Based on these circumstances, the district court determined that the coins were not abandoned because the condition in which the coins were found evidenced an intent to keep them safe, not an intent to voluntarily relinquish all possessory interest in them. The district court also implicitly rejected the notion that the coins were lost, noting that the coins were secreted with care in a specific place to protect them from the elements and from other people until such time as the original owner might return for them. There is no indication that the coins came to be buried through neglect, carelessness, or inadvertence. Accordingly, the district court properly concluded, as a matter of law, that the coins were neither lost nor abandoned. The court also noted that the rule of treasure trove is of dubious heritage and misunderstood application, inconsistent with the values and traditions of the state. The common- law rule of treasure-trove invites trespassers to roam at large over the property of others with their metal detecting devices and to dig wherever such devices tell them property might be found. If the discovery happens to fit the definition of treasure-trove, the trespasser may claim it as his own. The invitation to trespassers inherent in the rule with respect to treasure-trove is repugnant to the common law rules dealing with trespassers in general. The common-law made a trespass an actionable wrong without the necessity of showing any damage therefrom.
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Additionally, the treasure-trove rule did not fit into the common law of England when the colonies were established and was never inherited by Idaho Code. The appeals court also deemed that when Corliss borrowed $11,970 from Anderson against what he, and Anderson at the time, erroneously believed would be Corliss' share of the gold coins, his offer of the gold coins as collateral was a nullity. Corliss' impairment of collateral defense to the debt fails because there was in fact no collateral for the debt.
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Christopher Reinemann
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