Question
We know that Phoebe has agreed to tutor Indira's daughter in math. Phoebe borrowed her friend Colin's car to drive to Indira's house, and she
We know that Phoebe has agreed to tutor Indira's daughter in math. Phoebe borrowed her friend Colin's car to drive to Indira's house, and she paid $2 to park the car in an underground lot close to Indira's apartment building. The lot is owned by Navin. Navin does not take possession of the car or the car keys at any point, so that use of his parking lot constitutes a licence, not a bailment.
When Phoebe parked the car, she reached for her bag on the floor of the car and discovered a nice gold watch underneath the passenger seat in the front of the car. She later asked Colin about the watch, and he confirmed that he didn't own it and didn't know who did.
With regard to the gold watch that Phoebe found under the passenger front seat of Colin's car, which of the following is correct?
a) Finders, keepers. Phoebe has a superior claim against all but the true owner.
b) Because the watch was found when the car was parked in the lot and Navin controls access to the lot, he has a claim to the watch that is superior to either Phoebe's or Colin's claim.
c) Because Colin demonstrated a manifest intent to control access to his car, his claim is superior to Phoebe's claim.
d) Because the watch can be considered part of the car, Colin's claim is superior to Phoebe's claim.
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