Acquisition by Capture/Find Flashcards
Lost
if the true owner has unintentionally dispossessed, finder has better title than everyone except true owner.
Mislaid
true owner intentionally left stuff, intending to pick it up but forgot, owner of property has better title than everyone except true owner
Abandoned
true owner intentionally gave up stuff, finder has unqualified right.
Bailments
rightful possession of goods by a person who is not the owner
Bailor
person who is entrusting the goods/delivers chattel
Bailee
the person whom the goods are entrusted/receives chattel
Elements of Gifts
Intent, Delivery, Acceptance
Element of Intent
donor must intend to be legally bound now (not future)
● Present transfer of an existing interest
● Oral evidence
● Factual
● Could be inferred from worthiness
Element of Delivery
donor must transfer possession (“hand over property”) to the donee w/ the manifest intent to make a gift to the donee
Types of Delivery
● Manual
● Constructive
● Symbolic
Manual Delivery
(preferred) i.e. a check - if something is small or easy to give, a court will sometimes require a manual delivery.
Constructive Delivery
(means of control) i.e. key: an object that will open access to the gift
Symbolic Delivery
(document): handing over something symbolic of gift given (shows donor’s intent to give away the gift) (disfavored)
Element of Acceptance
(presumed): need objective act
Requirements for Bailments
● Personal property (not fungible/interchangeable)
● Control: bailee has possession but not title to the chattel (owner no longer has control)
● Intent: bailee intends to possess and actually possesses the chattel
