Legal Issues In Consumer Sales. Brad Pitt purchased real estate in 1985 in the state of Ohio. The property consisted of 300 acres of farmable land and 25 acres of woods. Since the time of the purchase, Brad has leased the farmable 300-acre plot to George Clooney, who is happy as a clam growing crops on the land each year. Brad visited his Ohio farm once in 1986, once in 1996, and once in 2002, prior to meeting Angelina Jolie. On each visit, Brad drove an ATV around all sections of his property and inspected it.
On May 1, 1986, Brad’s neighbor in Ohio, Matt Damon, decided he needed some additional room on his property so he could build a new barn. Matt cut down one acre of woodland on Brad’s property and constructed his barn. Matt has used the barn since construction was completed in the fall of 1986 and continues to use it today. Nobody has ever objected to Matt’s clearing and use of the land.
Brad, who recently became an overly busy father to four children, likes to participate in various activities with the kids. Brad decides that the yearly Buckeye Parade in downtown Columbus would be a terrific event to which the kids should go. While at the parade and while the Buckeye Band is marching down Broad Street, Maddox, Brad’s son, drops his favorite Pokemon digital camera on the street. With the percussionists playing in front of them, neither Brad nor Maddox notice the dropped camera. However, a sneaky paparazzo notices Maddox’s camera and slyly picks it up, hoping the camera contains some awesome pictures from within the Jolie-Pitt home. The paparazzo disappears into the crowd with the camera.
In all of his excitement over the parade, Brad becomes overheated and removes the jacket he is wearing. The jacket was a gift from Angelina and is a one-of-a-kind Calvin Klein design. Despite the rarity of the jacket and the sentimental value of the gift, Brad throws the “rag” into the nearest garbage can. Jackie, an OSU student, sees Brad throw away the jacket. Realizing her opportunity to sell a jacket worn by Brad Pitt on Ebay, Jackie runs over to the garbage can, removes the jacket, and takes it back to her dorm room. Jackie places the jacket on Ebay for sale and gets a favorable return on her investment.
After the parade, Brad takes the children to a street vendor who is selling hot dogs. Brad places the keys to his Toyota Prius on the vendor’s stand while he orders and pays for four hot dogs. Brad hands the hot dogs to his three eldest children, takes his own hot dog, and walks away from the vendor, pushing the youngest child in her stroller. None of the clan realizes that Brad has left his keys behind.
On January 1, 2008, the following lawsuits are filed in Ohio:
1) Matt Damon v. Brad Pitt. Matt is seeking to quiet title to the one-acre tract of land where he built his barn through adverse possession.
2) Brad Pitt v. Sam Peterson, the hot dog vendor. Brad seeks the return of his car keys.
3) Brad Pitt v. Snazzy Jeff, the paparazzo. Brad seeks the return of Maddox’s Pokemon digital camera. (Since minors cannot technically file lawsuits, Brad may file on his behalf and is a proper plaintiff).
4) Brad Pitt v. Jackie Philabaum, the OSU student. Brad seeks the return of his one-of-a-kind Calvin Klein jacket (he was in the doghouse with Angelina for throwing it away).
You must write your responses in a cohesive term paper format. I expect to see separate paragraphs as an introduction and a conclusion. Evaluate each lawsuit. Figure out which legal claims each plaintiff is pursuing and determine who will win in each lawsuit. Explain why you reached your answers. You should describe the applicable law in detail and determine the merits of the lawsuit based on the facts you have been given. You will need to do outside research by finding legal cases (you can use cases from outside of Ohio, but you should be able to find some Ohio law). You will not find cases dealing with these exact facts, but you should be able to find cases discussing the general law about these specific topics. You will be able to find a good deal of information by searching online.
1. You must type your paper in Microsoft Word, using 12 pt. Times New Roman font and 1-inch margins, double spaced. Please use a title page, providing your name, my name, course name, assignment title, and the date.
2. The paper must be at least 5 pages. (Do not copy the question – this is a term paper). You will lose points for papers of less than 5 pages, and I will stop reading at the end of the 10th page, so you will get no points for anything written beyond that. Neither your title page nor your works cited page count toward the page limit.
3. You must support your answers with research. You must cite any quotations or unoriginal thoughts. I am required to report any cases of plagiarism or academic dishonesty. Please refer to your syllabus and the University’s academic integrity policy if you have questions about this. You may also cite your textbook and other resources if you wish. However, you are not to use Wikipedia – it is NOT a reliable source. You may use it to find other resources, but if it is actually cited within the text, you will automatically receive a failing grade for the assignment.
4. Grammar will be included as part of your grade. Use full sentences and check your spelling. You should not use the first person (ie: me, I, my, etc.) or the second person (you) in your response. You should plan to write in the third person to resolve the issues.
5. In part, your ability to follow instructions will be graded.
6. You should use full sentences and use appropriate transitions between paragraphs, and include both introduction and conclusion paragraphs. Your Works Cited list may include your textbook, but you must also include at least 5 other sources, none of which may be Wikipedia.