Opal was a reader. She had just finished reading Travels with Charley by John Steinbeck, and got the travel bug. Having no car herself, she asked her friend, Phineas, if she could borrow one of his two cars for a cross-country trip. Phineas agreed to let Opal take his car on a five-day excursion, which they both planned ahead of time. Phineas told Opal to return the car by 6 PM on the fifth day. While she was on her excursion, Opal read Jack Kerouac's On the Road. The character named Dean Moriarty, and his devil-may-care attitude, really appealed to her. She decided that she would like to take a joy ride, and proceeded to extend her trip from five days to ten days, without talking to Phineas about a revision of travel plans. On the ninth day, while Opal was driving on bumpy country roads, the right axle assembly of the car was damaged. After Opal returned the car to Phineas at the end of the tenth day, he took the car into his mechanic to repair the right axle, at a cost of $1,250. The fair market value of the car at the time Opal drove it was $5,000. If Phineas brings an appropriate action against Opal, what is the most likely result, and why?

Question 3 options:

a)

Opal is not liable for trespass to chattels, because she did not intend to cause any damage to the car and always intended to return it to Phineas.

b)

Opal is liable for conversion, if the court decides that she exercised dominion and control over the car on days six through ten of her trip.

c)

Opal is liable for trespass to chattels, because she intended only to be joyriding on days six through ten.

d)

Opal is liable for trespass to chattels, and must pay for the entire cost of the car.

Question 4(12 points)

Louis asked Stevenson for the use of his motorized scooter so that Louis could attend an outside art show without having to deal with all of the automobile traffic. Stevenson agreed that Louis could use the scooter to attend the art show, but that he must return the scooter by 2 PM. Louis returned the scooter by 2 PM. However, the scooter was damaged earlier in the day when Louis had driven the scooter across the street from the art show to grab a meal. As he was eating, another scooter banged into Stevenson's scooter, causing $10 of damage to the $150 scooter. Stevenson brings an appropriate suit against Louis. Which of the following is the most likely result?

Question 4 options:

a)

Louis is liable for trespass to chattel and should pay the full price of $150 for the scooter.

b)

Louis is liable for conversion and should pay the full price of $150 for the scooter.

c)

Louis is not liable for trespass to chattel or conversion, because going across the street to grab a meal was only a minor deviation from the consent given by Stevenson.

d)

Louis is liable for trespass to chattel and should pay damages in the amount of $10, because the scooter was damaged while under his dominion and control.