Need help answering the following questions

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paulie0569
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$50.00 Need help answering the following questions

From Law: Business-Law
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Due on Sep. 27, 2008
Asked on Sep. 24, 2008 at 12:54:43AM

Q:
Details: Finders Weepers, Losers Keepers
The News Journal, July 20, 2000.
In 1943, During World War II, a Navy TBD-1 Devastator crashed eight miles of the coast of Florida. The entire crew survived and there is no indication that any efforts were made to locate the plane by the Navy. Collector Doug Champlin, the owner of an airplane museum in Arizona, spent approximately $130,000.00 to recover the plane. The problem has to do with ownership. He claims to be the owner of the lost/abandoned plane. The Navy claims ownership and wants to put the plane in the National Museum of Naval Aviation at Pensacola, Naval Air Station. The TBD-1 Devastator has significant historical value as no Devastators survived the war.

The 11th U.S. Circuit Court of Appeals recently ruled that only Congress can order the abandonment of federal property. Hence the Navy owns the plane. Mr. Champlin doesn't mind giving the plane back to the Navy; he just wants to be reimbursed. The Navy is hesitant to pay and Mr. Champlin is considering an appeal to the Supreme Court.
1. What are the differences among lost, misplaced, and abandoned property?
2. Putting aside the fact that this plane is federal property, is this plane lost, misplaced, or abandoned?
3. Should the federal government have special rules, or should federal property be subject to the same laws/rules/regulations as private property? Why or why not?
4. Do you think that Mr. Champlin should have consulted with the Navy before spending his time and money on this project? Should he (or the general public for that matter) have known about this special rule regarding federal property? Consider whether there should be a time limit or statute of limitations regarding the forfeiture or non-forfeiture of title. Also, consider whether property should be considered lost or abandoned by the failure to protect or attempt recovery of the property.
5. Aside from the property question regarding ownership, is Mr. Champlin entitled to any reimbursement for money spent? Is the Navy being unjustly enriched if he gets nothing? Are there any other theories that the class can come up with to secure repayment on his behalf?
6. Consider what this rule might mean to businesses, particularly those that contract with the government. Consider, for example, a store or outlet that purchases federal/military surplus. What provisions might they need to include in a contract that might not be required in a typical commercial or consumer contract?
Submit a 3-5 page group essay analyzing this current event. Use the questions as aspects of your analysis. All group members should contribute equally to the project.
Please submit your assignment.

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Posted on Sep. 24, 2008 at 04:01:16AM

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Preview: ... ng for the Navy for trying to take it back after he used his own money not the governments to find a plane of the Navy? Should he (or the general public for that matter) have known about this special rule regarding federal property? Every person in the United States should be aware of the laws, plus if the person does not know the laws or "special rules" of federal property then it can be researched in the public domain. Consider whether there should be a time limit or statute of limitations regarding the forfeiture or non-forfeiture of title. Also consider whether property should be considered lost or abandoned by the failure to protect or attempt recovery of the property. Mr. Champlin gathered sufficient amounts of money to rescue a Navy TBD-1 Devastator when it crashed eight miles of the coast of Florida when the Navy did nothing to recover their property. Mr. Champlin did what any proud American or anyone would do when a priceless artifact if left behind without any type of search to retrieve the property. However he chose to do this after the Navy informed him that they Is Mr. Champlin entitled to any reimbursement for money spent? Should Mr. Champlin receive a salvage award for the time and money spent salvaging the TBD-1 Devastator? The US Navy would have spent this much if they had salvaged it themselves. According to the Salvage Law the basic purpose is to encourage recovery of property lost at sea so that the property can be returned to commerce. In this instance it is an archaeological salvage. Giving the salvers a right to compensation for services rendered, on behalf of the owner to the property encourages Salvors. If there is no prohibition of salvage then the salver in entitled to an award as cited by Captain J Ashley Roach, JAGC, U.S. Navy (ret), In regard to salvage award, the court opinion from The Blacwall is often recited. "Courts of admiralty usually consider the following circumstances as the main ingredients in determining the amount of the award to be decreed for a salvage service: (1) The labor expended by the salvors in rendering the salvage service. (2) The promptness, skill and energy displayed in rendering the service and saving the property. (3) The value of the property employed by the salvors in rendering the service, and the dangers to which such property was exposed. (4) The risk incurred by the salvors in securing the property from the impending peril. (5) The value of the property saved. (6) The degree of danger from which the property was rescued." (Salvage, 2006) The salvage award can never be greater than the value of the salvaged property and will always be substantial lower except in the case of abandoned or derelict property. Where substantial values are involved, awa ...

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