Chapter 14 - Personal Property

Question 1

Acquiring Personal Property

Answer 1

1. Purchase
2. Gift
3. Inheritance
4. Finding it

Question 2

Gifts

Answer 2

To be a gift:

1. Intent
2. Delivery
3. Acceptance

Question 3

Lost Property

Answer 3

• The person did not intentionally put the property where it was.
• Person who finds it is the owner, but the person who lost it can come back and claim it.

Question 4

Mislaid Property

Answer 4

• Intentionally put the property down and forgot about it.

- The owner of the place where the property was mislaid has a duty to safeguard it until the actual owner returns.

Question 5

Abandoned Property

Answer 5

• The person purposely discarded of the property.

- It is free game - anyone can claim ownership.

Question 6

Corliss v. Wenner

Answer 6

• Homeowner hired Wenner to fix driveway.
• Business owner and ee found wrapped gold coins under driveway.
• Property owner didn’t know it was there.
• The Court ruled that the property owner owned the coins because it was on his property.

Question 7

Bailments

Answer 7

Owner of property allows someone else to use or borrow their property.

Question 8

Bailor/Bailee

Answer 8

Bailor - owner of property

Bailee - person using the property

Question 9

Mutual Benefit Bailments

Answer 9

• Both parties benefit from the arrangement.

- Standard/Duty - reasonably prudent care.

Question 10

Bailment for the Benefit of the Bailor

Answer 10

• No benefit to the bailee.

- Standard of care for the bailee is lower than mutual benefit bailment.

Question 11

Bailment for the Benefit of the Bailee

Answer 11

• Bailee benefits from borrowing something.

- Bailee has a higher standard of care than mutual benefit because they must bring it back in good condition.

Question 12

Special Rules for innkeepers and common carriers

Answer 12

• Common carrier - strictly liable for loss or damage to goods shipped by a customer.
• Innkeepers need to provide a safe in the room.