9
   

Childhood Toy Missing

 
 
jodie34
 
  1  
Reply Tue 12 Apr, 2011 10:16 am
@ossobuco,
I have a wacky family so maybe that is why I ask wacky questions.
ossobuco
 
  1  
Reply Tue 12 Apr, 2011 11:06 am
@jodie34,
Eek, I didn't mean that you are wacky, just that surrounding wackiness can make the questions you need to ask a bit wacky.
0 Replies
 
djjd62
 
  1  
Reply Tue 12 Apr, 2011 11:11 am
@jodie34,
who doesn't
0 Replies
 
OmSigDAVID
 
  1  
Reply Tue 12 Apr, 2011 10:27 pm
@engineer,
engineer wrote:
I'm not even sure he has a claim that it is his. A few years ago a local teenager ran off with her high school track coach. She wanted to take her beenie baby collection to sell it and her parents told her no. She went to court but was told that property collected while she was a minor under her parents' control was really theirs. If your son left the property at your house for over ten years, it would be hard to show it was his anyway. It should be an interesting law suit, keep us informed.
That seems like an aberrant judicial holding; maybe that is the law in North Carolina.
So far as I understand it, the general rule of law
is that title to personal property changes hands
when it is delivered to the donee, with donative intent.
(Maybe the parents coud argue that thay only intended to let him BORROW it??????)

I have seen nothing in this thread indicating whether the owner
intends to sue for compensatory damages ($$$$) or to replevy the demanded & disputed chattel
(e.g., to get back a unique work of art, or a dog [a particular one]).





David
jespah
 
  1  
Reply Wed 13 Apr, 2011 06:13 am
@OmSigDAVID,
There's a threat to sue in the original post. And, is not the act of leaving the toy in the home for a significant period of time, arguably, abandonment of property? At some point it stops being conversion if the stuff is just left in someone's care.
0 Replies
 
engineer
 
  1  
Reply Wed 13 Apr, 2011 06:27 am
@OmSigDAVID,
I'd be interested if you have other examples of lawsuits where minor possessions are at issue. It seems to me I can dispose of my children's possessions however I want. If I want to sell, donate or replace something I don't have to have their permission, nor do I have to give them the proceeds. If someone gives my child a gift that I find inappropriate, I can take it from them or restrict its use. Do you have a legal database with examples of rulings in it? I can't imagine denying my children their childhood toys when they leave home, but if they refused to take them, I wouldn't feel any guilt in donating or selling them.
OmSigDAVID
 
  1  
Reply Wed 13 Apr, 2011 06:51 am
@engineer,
engineer wrote:
I'd be interested if you have other examples of lawsuits where minor possessions are at issue. It seems to me I can dispose of my children's possessions however I want. If I want to sell, donate or replace something I don't have to have their permission, nor do I have to give them the proceeds. If someone gives my child a gift that I find inappropriate, I can take it from them or restrict its use. Do you have a legal database with examples of rulings in it? I can't imagine denying my children their childhood toys when they leave home, but if they refused to take them, I wouldn't feel any guilt in donating or selling them.
No. I 'm not in practice and it did not arise when I was.
I re-iterate what I said, qua my general understanding.

If someone gave your child something of value (e.g., gold or cash)
and u grabbed it and spent it, that 'd be robbery. Its his, not yours. The same is vice-versa.

I have not researched the point.
When I learned it in law school,
no one made any exception for kids.
OmSigDAVID
 
  1  
Reply Wed 13 Apr, 2011 06:53 am
@engineer,
I seem, vaguely, to remember some cases
of parents being successfully sued for waste of their children's real estate
(cutting down trees).
0 Replies
 
engineer
 
  2  
Reply Wed 13 Apr, 2011 06:58 am
@OmSigDAVID,
That's interesting. The link I posted said that not only her possessions belonged to her parents, but even wages she earned as a minor. I don't recall the case being appealed, so I can't say that anyone else reviewed the decision.
OmSigDAVID
 
  1  
Reply Wed 13 Apr, 2011 07:05 am
@engineer,
engineer wrote:
That's interesting. The link I posted said that not only her possessions belonged to her parents,
but even wages she earned as a minor. I don't recall the case being appealed,
so I can't say that anyone else reviewed the decision.
It coud be possible that it is an aberrant holding,
or an unusual legal situation in that State, from its legislation.

It coud also be possible that I 'm rong.
I 'd not be the first time; I hope not the last.





David

Joe Nation
 
  1  
Reply Wed 13 Apr, 2011 10:15 am
Haven't there been numerous cases of the parents of childhood stars being sued by that child over the parents mis-use of the child's earnings?

Joe(Hollywood!)Nation
engineer
 
  1  
Reply Wed 13 Apr, 2011 12:58 pm
@Joe Nation,
Great question! I found this one about Jackie Coogan, a child actor in the 20's and 30's.
Quote:
In 1935, his father died and his mother married Arthur Bernstein, who was his business manager. When he wanted the money that he made as a child star in the 1920s, his mother and stepfather refused his request and Jackie filed suit for the approximately $4 million that he had made. Under California law at the time, he had no rights to the money he made as a child, and he was awarded only $126,000 in 1939. Because of the public uproar, the California Legislature passed the Child Actors Bill, also known as the Coogan Act, which would set up a trust fund for any child actor and protect his earnings.

So apparently California has a special law for child actors called the Coogan Law. That clearly wouldn't apply in the NC case I posted or the one the poster asked about, but it is an interesting exception.
0 Replies
 
laughoutlood
 
  1  
Reply Thu 14 Apr, 2011 01:13 am
@jodie34,
http://www.hasbro.com/common/productimages/en_US/664b1e0519b9f369101dddf8be5a8697/664E7D7C19B9F369106FBE27D9BB533F

As you will readily observe I have the toy, which is currently unharmed, imprisoned in a world 5 parsecs away.

I shall release him to you upon payment of 10 astronomical credits.

Don't toy with me, I have received the death sentence on 12 systems, or else.
wayne
 
  1  
Reply Thu 14 Apr, 2011 01:16 am
@OmSigDAVID,
I'm curious, in this case it appears that he is trying to infer some sort of responsibility on his parents for an item left on their property.
Can you leave something at someones house and then infer responsibility?
It looks like all they would have to do is say " I have no idea where it went, it's not mine". I wouldn't think that anyone has a contractual obligation for something left at their home, without at least a verbal agreement to care for it.
OmSigDAVID
 
  1  
Reply Thu 14 Apr, 2011 02:56 am
@wayne,
wayne wrote:
I'm curious, in this case it appears that he is trying to infer some sort of responsibility
on his parents for an item left on their property.
Can you leave something at someones house and then infer responsibility?
Dear Curious: what u have in mind
is a bailment for the sole benefit of the bailor.




wayne wrote:
It looks like all they would have to do is say
" I have no idea where it went, it's not mine".
In such a bailment,
the bailee has a duty only of SLIGHT care
and he is liable in tort to the bailor (the owner)
only for gross negligence.





David


0 Replies
 
OmSigDAVID
 
  1  
Reply Thu 14 Apr, 2011 03:01 am
@laughoutlood,
laughoutlood wrote:

http://www.hasbro.com/common/productimages/en_US/664b1e0519b9f369101dddf8be5a8697/664E7D7C19B9F369106FBE27D9BB533F

As you will readily observe I have the toy,
which is currently unharmed, imprisoned in a world 5 parsecs away.

I shall release him to you upon payment of 10 astronomical credits.

Don't toy with me, I have received the death sentence on 12 systems, or else.
HOW do we know that u will deliver the toy,
if u get the credits, instead of just enjoy him where he IS, along with the credits ?
0 Replies
 
 

Related Topics

 
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.05 seconds on 05/01/2024 at 04:03:01