Humphrey 's The Truck Of Haley Under Alabama Common Law Essay examples

2306 Words Nov 18th, 2014 10 Pages
I. The court will likely find Humphrey entrusted the truck to Haley under Alabama common law. “When one person drives a car belonging to another, a rebuttable presumption of entrustment... arise when ownership is established ” Edwards v. Valentine, 926 So. 2d 315, 320 (Ala. 2005). This presumption can be rebutted by strong, clear and undisputed evidence that the driver was neither the agent of the owner nor operating the vehicle with her permission or consent. Thompson v. Harvard, 235 So.2d 853, 856 (Ala. 1970). Humphrey did not hire Haley to be his agent or permit Haley to use his car. Hence, he probably can provide strong evidence to rebut this presumption even if he is the owner.
Entrustment act can be established by actual entrustment and continuing consent. See Penland v. Allsup, 527 So. 2d 715, 716-17 (Ala. 1988). Here, it was clear that Humphrey did not voluntarily give the car keys to Haley or authorized Haley to use the truck. There is no evidence showing that he continuously let Haley use the truck or permitted her to use the truck at her will. Thus, actual entrustment or continues consent did not exist in Humphrey’s case.
Entrustment act can also be established by available-for-use theory. Id. at 717. To establish entrustment under the available-for-use theory, the entrustor (1) must have known or had reason to know the entrustee is likely to use the vehicle without consent and; (2) failed to take reasonable precautions to prevent such unauthorized use.” Id.…

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