Exam Rules - Personal Property

Question 1

What is misplaced property

Answer 1

Misplaced property is property that reasonably appears to have been intentionally placed in a particular location, but then appears to have been forgotten

Question 1

What rights does a finder of misplaced property have

Answer 1

A finder of misplaced property does not have possession. Their right to the misplaced property falls after the true owner’s and the owner of the property on which the misplaced property was found

Question 2

What is a bailment

Answer 2

The delivery of possession of goods to a person for a limited time.

Question 3

What conditions must be satisfied for a bailment to exist

Answer 3

The person receiving the goods (the bailee) must: (i) physically possess the property with the intent to exercise control over it; (ii) consent to the bailment; and (iii) be aware that the bailed goods exist.

Question 4

When is property abandoned

Answer 4

Personal property is abandoned when the owner has the full intention to leave the property and give up title and possession to it

Question 5

When does abandoned property become captured

Answer 5

Unowned property is “captured” and becomes a possession when an individual manifests the intent to own by exercising actual or constructive dominion and control.

Question 6

What is conversion

Answer 6

Conversion is an unauthorized act over the property of another of such nature as is inconsistent with the right of the owner.

Question 7

When are bailees strictly liable

Answer 7

Bailees are absolutely liable if they stray from the conditions of the bailment such as to (1) use the goods for a different purpose than agreed (outside the scope of the bailment), (2) move the property from an agreed place of storage, (3) fail to redeliver the goods in the condition in which they were bailed after expressly or impliedly agreeing to insure the goods and failing to do so, or (4) non-delivery or misdelivery.

Question 8

What is a treasure trove

Answer 8

Treasure troves include property that is concealed and is anticipated to be recovered at a later time. A treasure trove is usually gold or silver that is found hidden and the owner is not known

Question 9

Is vegetation personal property

Answer 9

Yes, if the vegetation is cultivated. If the vegetation is wild, then no (it is real property)

Question 10

Do you have ownership of wild animals?

Answer 10

Not if you are a trespasser, but yes if you are invited.

Question 11

Does someone who owns a wild animal retain their ownership interest if the animal wanders away

Answer 11

No if (1) the animal is branded (2) the owner is actively attempting to recapture the animal (3) the animal has a tendency to wander off and then return

Question 12

What is required to obtain a copyright over your work

Answer 12

(1) must actually exist (2) must be original (3) in a fixed, tangible medium of expression

Question 13

How long does copyright last

Answer 13

Remainder of life + 70 years after, 95 years after publishing if anonymous, 120 years if not published but created

Question 14

How can ownership be created

Answer 14

(1) capture (2) creation (3) conversion

Question 15

When can conversion create title

Answer 15

(1) BFP in good faith (lacks notice) if (a) money/negotiable instrument (b) fraud in the inducement or (c) owner entrusted goods to a seller of goods of that kind and it was purchased n the ordinary course of business
(2) loss or damage

Question 16

Does an employee have a right to lost property found in the course of their duties

Answer 16

No, an employee who finds lost property while engaged in employment duties is not entitled to keep it, as the employer has superior right

Question 17

What is the period of adverse possession for personal property

Answer 17

5 years

Question 18

Requirements for an inter vivos gift

Answer 18

(1) donor must have mental capacity (2) present intent (3) gift must be delivered to the done and (4) donee must accept

Question 19

What are the types of delivery

Answer 19

(1) Actual (2) constructive (3) delivery in writing and (4) symbolic (generally applies when delivery of the gift is impracticable)

Question 20

What are the requirements for a gift causa mortis

Answer 20

(1) donor must have mental capacity (2) present intent (3) gift must be delivered to the done (4) donee must accept and (5) gift is made in apprehension of impending death

Question 21

What is a quasi-bailment

Answer 21

when a person comes into possession of chattel and exercises physical control over it (no delivery by or permission of the owner)

Question 22

What are a bailee’s rights in the bailed chattel

Answer 22

entitled to possession and may bring an action if possession is interfered with; the bailee’s creditors cannot reach the bailed chattel

Question 23

What are the bailor’s rights in the bailed chattel

Answer 23

(1) Right to bring tort or contract action against the bailee if bailed goods have been damaged due to the actions of the bailee (2) Can maintain an action for conversion or detinue against a third party if the bailment may be considered terminated. Note: a bailor CANNOT maintain an action for trover or detinue during the life of the bailment against a person who converts the property from the bailee because they have no right to possession