Aziz Abandoned a Bicycle by the Side of the Road

question 62

Multiple Choice

Aziz abandoned a bicycle by the side of the road with the intention of never seeing it again.Brian saw the bike a short time later and took possession of it with the intention of keeping it.When he was not riding it,Brian regularly left the bike on the sidewalk in front of his apartment building.One night while he slept,Celeste took the bike,with the intention of keeping it for herself.A week later,however,Dharma grabbed the bike from out of Celeste's hands.When she complained,Dharma said that since she had stolen the bike,she had no rights in it.Which of the following statements is TRUE?

• A)The bike is still owned by Aziz.
• B)Brian has the best right to the bike.
• C)Dharma has a better right to the bike than does Celeste.
• D)Aziz has a better right to the bike than does Celeste.
• E)A court would resolve this case by relying upon the maxim of nemo dat quod non habet.

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