The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Halp Bros--Old Law Firm Stole My Couch
| mauve nursing home | 10/04/12 |
| Costumed fighting stead sweet tailpipe | 10/04/12 |
| Nighttime deer antler hospital | 10/04/12 |
| Swashbuckling field | 10/05/12 |
| crimson bat shit crazy police squad | 10/04/12 |
| Dashing whorehouse weed whacker | 10/04/12 |
| onyx splenetic rigor | 10/04/12 |
| Henna Theater Friendly Grandma | 10/04/12 |
| Anal State Boiling Water | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| titillating haunting orchestra pit | 05/12/22 |
| Swashbuckling field | 10/04/12 |
| dull idiotic institution knife | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| sickened corn cake meetinghouse | 10/04/12 |
| Yellow plaza | 10/05/12 |
| embarrassed to the bone zippy corner toaster | 10/05/12 |
| Swashbuckling field | 10/05/12 |
| histrionic chestnut genital piercing | 10/05/12 |
| Swashbuckling field | 10/05/12 |
| mint drunken party of the first part pit | 10/05/12 |
| rusted private investor | 08/22/13 |
| Shaky glassy cuckoldry | 05/27/17 |
| razzle-dazzle center | 07/19/17 |
| Aquamarine kitchen | 10/05/12 |
| Swashbuckling field | 10/05/12 |
| Swashbuckling field | 11/28/12 |
| walnut galvanic indirect expression affirmative action | 12/06/13 |
| Beady-eyed Psychic University | 12/06/13 |
| onyx splenetic rigor | 05/27/17 |
| violent low-t sneaky criminal antidepressant drug | 05/12/22 |
| Garnet casino giraffe | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| Garnet casino giraffe | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| razzle-dazzle center | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| free-loading fuchsia market mental disorder | 10/04/12 |
| Swashbuckling field | 10/04/12 |
| Coral bonkers potus new version | 10/05/12 |
| Amber Crackhouse Jap | 10/05/12 |
| Swashbuckling field | 10/05/12 |
| Stirring school cafeteria patrolman | 05/27/17 |
| rusted private investor | 12/06/13 |
| onyx splenetic rigor | 05/27/17 |
| racy native candlestick maker | 07/19/17 |
| at-the-ready ape | 07/19/17 |
| titillating haunting orchestra pit | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: mauve nursing home 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) |
 |
Date: October 4th, 2012 7:14 PM Author: Costumed fighting stead sweet tailpipe take it and make him stop you (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732) |
|
Date: October 4th, 2012 11:50 PM Author: Nighttime deer antler hospital Lmao! (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719984) |
|
Date: October 5th, 2012 11:10 AM Author: Swashbuckling field (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
Date: October 4th, 2012 5:32 PM Author: crimson bat shit crazy police squad what state? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716895) |
|
Date: October 4th, 2012 6:23 PM Author: Dashing whorehouse weed whacker lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717373) |
|
Date: October 4th, 2012 6:30 PM Author: onyx splenetic rigor lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717412) |
|
Date: October 4th, 2012 6:35 PM Author: Henna Theater Friendly Grandma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717441) |
|
Date: October 4th, 2012 6:39 PM Author: Anal State Boiling Water fuckin' steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460) |
|
Date: October 4th, 2012 11:17 PM Author: Swashbuckling field shitlaw steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624) |
|
Date: May 12th, 2022 4:18 PM Author: titillating haunting orchestra pit (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339) |
|
Date: October 4th, 2012 6:46 PM Author: Swashbuckling field 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.
|
|
Date: October 4th, 2012 7:08 PM Author: dull idiotic institution knife 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675) |
|
Date: October 4th, 2012 10:07 PM Author: Swashbuckling field (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985) |
|
Date: October 4th, 2012 10:08 PM Author: sickened corn cake meetinghouse Lol xoxo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995) |
|
Date: October 5th, 2012 2:11 AM Author: Yellow plaza 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) |
|
Date: October 5th, 2012 4:26 AM Author: embarrassed to the bone zippy corner toaster Couches aren't fixtures of any type. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974) |
|
Date: October 5th, 2012 9:46 AM Author: Swashbuckling field 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.
|
|
Date: October 5th, 2012 12:05 PM Author: histrionic chestnut genital piercing This is so 180. Well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470) |
|
Date: October 5th, 2012 2:06 PM Author: Swashbuckling field tyty (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723397) |
|
Date: October 5th, 2012 2:17 PM Author: mint drunken party of the first part pit 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458) |
|
Date: August 22nd, 2013 11:20 PM Author: rusted private investor 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695) |
|
Date: May 27th, 2017 2:49 PM Author: Shaky glassy cuckoldry (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163) |
|
Date: July 19th, 2017 2:11 PM Author: razzle-dazzle center Bigfinderskeeperslaw (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764) |
|
Date: October 5th, 2012 7:07 AM Author: Aquamarine kitchen 180 if real, 180 if not real (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095) |
|
Date: October 5th, 2012 2:39 PM Author: Swashbuckling field (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576) |
|
Date: November 28th, 2012 10:30 PM Author: Swashbuckling field (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665) |
|
Date: December 6th, 2013 9:34 AM Author: walnut galvanic indirect expression affirmative action (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579596) |
|
Date: December 6th, 2013 2:24 PM Author: Beady-eyed Psychic University 180 well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212) |
|
Date: May 27th, 2017 2:50 PM Author: onyx splenetic rigor 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) |
|
Date: May 12th, 2022 4:24 PM Author: violent low-t sneaky criminal antidepressant drug (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373) |
|
Date: October 4th, 2012 10:09 PM Author: Garnet casino giraffe 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.
|
|
Date: October 4th, 2012 10:15 PM Author: Swashbuckling field why do you steal from your employer bro? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060) |
|
Date: October 4th, 2012 10:16 PM Author: Garnet casino giraffe 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) |
|
Date: October 4th, 2012 10:20 PM Author: Swashbuckling field sweet good luck bro (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119) |
|
Date: October 4th, 2012 10:20 PM Author: razzle-dazzle center thought for sure this would be johnsmeyer (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117) |
|
Date: October 4th, 2012 10:24 PM Author: Swashbuckling field It's one of his alts (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163) |
|
Date: October 4th, 2012 11:19 PM Author: free-loading fuchsia market mental disorder Flame. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719634) |
|
Date: October 4th, 2012 11:43 PM Author: Swashbuckling field cr (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719909) |
|
Date: October 5th, 2012 9:18 AM Author: Coral bonkers potus new version 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) |
|
Date: October 5th, 2012 12:08 PM Author: Amber Crackhouse Jap Fuck yo couch!
Buy another one you rich motherfucker!
Darkness is! Darkness is! |
|
Date: October 5th, 2012 6:42 PM Author: Swashbuckling field (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143) |
|
Date: May 27th, 2017 2:59 PM Author: Stirring school cafeteria patrolman (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409210) |
|
Date: December 6th, 2013 9:29 AM Author: rusted private investor (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579568) |
|
Date: May 27th, 2017 2:50 PM Author: onyx splenetic rigor Please sue. Best law suit ever. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168) |
|
Date: July 19th, 2017 2:01 PM Author: racy native candlestick maker (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690) |
|
Date: July 19th, 2017 2:33 PM Author: at-the-ready ape 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) |
|
Date: August 28th, 2021 12:54 PM Author: titillating haunting orchestra pit (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |