ch. 48 Flashcards
Establishing ownership rights is more complicated for personal property than for real property.
False
If the bailed property has been lost, a court will presume that the bailee was negligent, which he or she can rebut by showing an exercise of due care.
True
In a bailment, strictly liable for any loss or damage to bailed goods are
common carriers.
To become a bailment, a delivery of property from one person to another must
involve personal property.
Inadvertently, Brie loses her textbook during an afternoon in City Park. She eventually gives up any attempt to find it. The textbook will then most likely be considered
abandoned property.
Ada owns Blueberry Farm. Ada’s only daughter Cherry owns the adjacent Delicious Apple Orchard. Ada makes a gift of the farm to Evert, a short-term employee. This gift may lack the required element of
donative intent.
Before going on a business trip, Gina leaves the key to her apartment with Henri. She checks her suitcase at the airport, and boards the plane. A bailment is created when Gina
checks her suitcase.
If confusion of property occurs as a result of the act of some third party, the owners of the goods share ownership in order of seniority.
False
Fiji, an independent contractor and technical writer, has a computer in her office. She has a copyright on her most recent work, Guide to Coding. Her tangible personal property includes
the computer.
Arnold wants to give Beth a pearl necklace that he has in his safe deposit box at Capital Bank. The bank is closed for a holiday. Arnold gives Beth a key to the box and tells her to go to the bank after the holiday and take the necklace. Beth does this. The next day, Arnold dies unexpectedly. His heirs want the necklace. Can Beth keep the necklace? Explain.
Yes, Beth is entitled to the necklace. She was given a security key to obtain the necklace when the bank opened. The death of Arnold was unexpected, but she was intended to receive the gift.
A bailee has a right to the reimbursement of costs incurred in keeping the bailed property, even in a gratuitous bailment.
True
The concept of personal property can expand to take account new types of ownership rights and interests.
True
After shopping at a Cut-Price store, Dyan finds a fitness watch in her bag of purchases that she knows she did not pay for. If Dyan fails to return the watch to the store or to pay for it, she will have committed
conversion.
While hiking on Mountain Trail, Ness’s camera falls from his pocket. He fails to notice its loss for a mile, and is then unable to find it. Ole finds the camera. Pau tries to take it from Ole. The party who can assert the best title to the camera is
none of the choices.
A transfer of personal property without an agreement for its return or disposal is not a bailment.
True
A finder of mislaid property has no obligation to return the property to the true owner.
False
Sometimes, a person can become an owner of personal property merely by possessing it.
True
After agreeing to rent a car from Drive-Around Inc., Eden is given the keys to one of the agency’s cars by Fess, a Drive-Around employee. With respect to the bailed property, this is
a constructive delivery.
Kay and Lease-Away Inc. enter into a bailment involving the delivery of a moving van to Kay for her use. Unless stated otherwise, the agreement assumes that Kay will
return the van.
Ordinary bailments are distinguished according to which party receives a benefit from the bailment.
True
A promise to make a gift tomorrow or next year is a gift.
False
Repair Service Inc. agrees to fix a harvester for Soybean Acres. Repair tows the harvester to its storage yard, to be returned after the work is done. Repair’s obligation to deliver the equipment to Soybean is excused if the harvester is
any of the choices.
The legally protected rights and interests that a person has in anything of established value subject to ownership is
property.
Hotel operators can limit their liability for any loss or damage to their guests’ personal property
all of the choices.
