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Emily had a wonderful twenty-first birthday celebration. Her boyfriend gave her a mini-DVD camcorder, and her sister gave her a $50 gift certificate to Tom Shea’s, a popular seafood restaurant. Emily’s grandfather telephoned her from Florida to say his present to her was his convertible sports car. She could pick it up at his winter home in Florida any time. The next day, she received news that her grandfather had passed away in Florida before she had had time to pick up the car. She let a year go by before going to the restaurant to use the gift certificate and was told that the certificate had expired. She and her boyfriend ate there anyway, but after leaving the restaurant, Emily realized that she had left her camcorder at their table. She learned from the waitress that another party had found the camcorder and was supposed to have returned it to her. Later, the police found the camcorder at a pawn shop and identified it as hers.
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Opening Case Questions
- Is Emily entitled to her grandfather’s car?
- Could the restaurant keep the money that had been paid for the gift certificate?
- What duty did the restaurant owe to Emily concerning her camcorder?
- Can Emily recover the camcorder from the pawn shop?
