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Halp Bros--Old Law Firm Stole My Couch
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| arousing multi-billionaire volcanic crater | 10/05/12 |
| sienna public bath | 08/22/13 |
| Khaki University Background Story | 05/27/17 |
| drunken goal in life | 07/19/17 |
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| Hairraiser wrinkle | 10/05/12 |
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| Impressive Meetinghouse Foreskin | 05/27/17 |
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| Provocative Unholy Antidepressant Drug | 05/27/17 |
| sienna public bath | 12/06/13 |
| Impressive Meetinghouse Foreskin | 05/27/17 |
| Olive Trip Mother Nowag | 07/19/17 |
| Hateful Newt Kitty | 07/19/17 |
| lime alcoholic lettuce | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: Glassy church building I worked at a firm and recently left. When I first started with this firm, I purchased a couch to nap on between 2pm and 3pm each day, schedule permitting. I was packing up my office last weekend and brought a friend along to help move the couch out. The partner happened to be there and said "not so fast, that's my couch." I calmly explained I had purchased it and brought it in to the office to nap on. He called it an "abandoned fixture" and said under some county ordinance it belonged to him. Halp. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716858) |
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Date: October 4th, 2012 7:14 PM Author: Frisky main people deer antler take it and make him stop you (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732) |
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Date: October 5th, 2012 11:10 AM Author: Hairraiser wrinkle (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
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Date: October 4th, 2012 6:39 PM Author: opaque mind-boggling hell fuckin' steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460) |
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Date: October 4th, 2012 11:17 PM Author: Hairraiser wrinkle shitlaw steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624) |
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Date: May 12th, 2022 4:18 PM Author: lime alcoholic lettuce (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339) |
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Date: October 4th, 2012 6:46 PM Author: Hairraiser wrinkle If I recall correctly from my 1L property class, you may have a right to the furniture. The common law rule is that whatsoever is fixed to the realty is thereby made a part of the realty to which it adheres. However, the new, prevailing rule is that tenants may remove whatever they install for the purpose of carrying on a trade (i.e. trade fixtures), provided that they can be uninstalled without injury to the premises, and that such removal is effected before they yield possession of the premises. Arguably, the couch was a trade fixture--you put it in your office for the purpose of aiding you in carrying on your trade as a lawyer. Given that you can remove it without injury to the premises, and because you haven't completely yielded possession of the premises, I think you have a colorable claim that you have a right to that couch, notwithstanding any extant ordinances. The rationale behind this rule is that it is conducive to trade and commerce. The tenant installs things for the benefit of carrying on his trade, not to enhance the landlord's realty.
You should also be aware that there are other theories that may be applied to these circumstances, depending on what jurisdiction you're in. There is the institutional theory: additions to the realty become a part of an economic unit, and therefore become the landlord's property.
I sincerely xoxohth. Let me know if you have any questions or if I need to clarify or expand on anything.
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Date: October 4th, 2012 7:08 PM Author: Big Principal's Office 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675) |
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Date: October 4th, 2012 10:07 PM Author: Hairraiser wrinkle (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985) |
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Date: October 4th, 2012 10:08 PM Author: vigorous locale Lol xoxo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995) |
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Date: October 5th, 2012 2:11 AM Author: razzle lilac internal respiration knife The firm is the tenant. Analysis irrelevant unless the shitlaw firm is some sort of coöp structured like a salon where you rent your own chair/office. HTH (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720779) |
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Date: October 5th, 2012 4:26 AM Author: chest-beating up-to-no-good theatre national security agency Couches aren't fixtures of any type. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974) |
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Date: October 5th, 2012 9:46 AM Author: Hairraiser wrinkle Ah, yes, well, because I'm a BIGLAW billy rather than a shitlaw steve, I would bring multiple claims if I was helping OP get his couch back. The aforesaid analysis is merely a possible argument if my other more cogent arguments fail. Look at it as a sort of quasi-landlord-tenant argument, perhaps. Surely, though, there is an argument to be made under the doctrine of finders. Let’s see what that analysis would look like, shall we? The rule of finders is that the finder of property has a right to that property against all the world except the true owner or prior possessor. In this case, OP is the true owner and prior possessor. Therefore, his boss does not have a right to that property. However, bossman is claiming that OP abandoned the couch. In order for one to abandon something, there must be an act of abandonment and intent to abandon. I’ll go ahead and concede that there was an act of abandonment; there is surely an argument that there was. However, OP never intended to abandon the property, as evidenced by his return to the premises in order to retrieve said property. Therefore, the property was not abandoned. Thus, again, OP has a colorable claim that he has a right to that couch.
Again, I sincerely xoxohth. Do let me know if I need to clarify or expand on anything.
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Date: October 5th, 2012 12:05 PM Author: Laughsome seedy pit love of her life This is so 180. Well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470) |
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Date: October 5th, 2012 2:17 PM Author: arousing multi-billionaire volcanic crater 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458) |
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Date: August 22nd, 2013 11:20 PM Author: sienna public bath 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695) |
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Date: May 27th, 2017 2:49 PM Author: Khaki University Background Story (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163) |
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Date: July 19th, 2017 2:11 PM Author: drunken goal in life Bigfinderskeeperslaw (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764) |
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Date: October 5th, 2012 7:07 AM Author: Floppy bright home 180 if real, 180 if not real (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095) |
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Date: October 5th, 2012 2:39 PM Author: Hairraiser wrinkle (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576) |
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Date: November 28th, 2012 10:30 PM Author: Hairraiser wrinkle (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665) |
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Date: December 6th, 2013 2:24 PM Author: Exciting institution 180 well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212) |
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Date: May 27th, 2017 2:50 PM Author: Impressive Meetinghouse Foreskin Couches don't even get installed. The doctrine you're looking for here is manifestly mislaid. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409172) |
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Date: May 12th, 2022 4:24 PM Author: multi-colored sepia queen of the night electric furnace (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373) |
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Date: October 4th, 2012 10:09 PM Author: claret library Eh, I don't know about no couch but I'd probably be facing felony jail time if they added up all the office supplies I stole over the years.
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Date: October 4th, 2012 10:15 PM Author: Hairraiser wrinkle why do you steal from your employer bro? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060) |
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Date: October 4th, 2012 10:16 PM Author: claret library I just have a thing for paper clips and post-it notes. I think I'm kinda planning to build a yacht out of post-its. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719075) |
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Date: October 4th, 2012 10:20 PM Author: Hairraiser wrinkle sweet good luck bro (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119) |
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Date: October 4th, 2012 10:20 PM Author: drunken goal in life thought for sure this would be johnsmeyer (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117) |
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Date: October 4th, 2012 10:24 PM Author: Hairraiser wrinkle It's one of his alts (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163) |
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Date: October 5th, 2012 9:18 AM Author: magenta exhilarant party of the first part resort You are flame or the partner is a fucking idiot. In no way is a couch a fixture. In no way have you abandoned it. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721248) |
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Date: October 5th, 2012 12:08 PM Author: Avocado razzle-dazzle trailer park Fuck yo couch!
Buy another one you rich motherfucker!
Darkness is! Darkness is! |
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Date: October 5th, 2012 6:42 PM Author: Hairraiser wrinkle (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143) |
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Date: May 27th, 2017 2:50 PM Author: Impressive Meetinghouse Foreskin Please sue. Best law suit ever. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168) |
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Date: July 19th, 2017 2:01 PM Author: Olive Trip Mother Nowag (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690) |
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Date: July 19th, 2017 2:33 PM Author: Hateful Newt Kitty lol no not a fucking fixture. And even if it was ... ? your an employee (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809893) |
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Date: August 28th, 2021 12:54 PM Author: lime alcoholic lettuce (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |