Finders/Gifts

Question 1

What does the plaintiff want when suing for trover?

Answer 1

the value of the item in cash

Question 2

What does the plaintiff want when suing for replevin?

Answer 2

the item back in his/her possession

Question 3

Original Armory Rule

Answer 3

The title of the finder is good against the whole world except the true owner

Question 4

If the defendant cannot give the item back to the plaintiff (because he/she sold it), what does the defendant owe the plaintiff?

Answer 4

Fair market value

Question 5

If person A finds a bracelet, then loses it, and person B finds it, can person A sue person B for the bracelet? Why or why not?

Answer 5

yes, because first finders have title against all others except the true owner

Question 6

New Armory Rule (as it applies to multiple finders)

Answer 6

Finder’s title is good against the whole world except the true owner as well as anyone who discovered it first.

Question 7

Explain the Winkfield Rule

Answer 7

If person A finds an item and sells it to person B, true owner C cannot due person B. Person B has an answer to an action by the true owner

Question 8

define bailor

Answer 8

an individual who temporarily gives possession of an item to a bailee under a bailment

Question 9

define bailee

Answer 9

an individual who temporarily gains possession, but not ownership, of a good or other property under a bailment

Question 10

Rule of Thieving Finders

Answer 10

even though the thief was the possessor before the finder, the courts will rule for the finder because he/she is the honest subsequent possessor

Question 11

Why do we not protect thieving finders?

Answer 11

because we don’t want to condone or protect thieves.

Question 12

define constructive possession

Answer 12

legal possession of an object even when its not in their physical control

Question 13

What is the best way to tell the difference between lost and mislaid property?

Answer 13

location of the item

Question 14

What is the English rule of an employee finding lost items in a public place?

Answer 14

the servant finds in behalf of the master, the employer wins

Question 15

what is the American rule of an employee finding lost items in a public place?

Answer 15

finder wins

Question 16

Who wins in a treasure trove situation? Finder or OLIQ?

Answer 16

finder, unless the finder is a trespasser

Question 17

define lost property

Answer 17

property that is unintentionally lost or neglectfully dropped

Question 18

define mislaid property

Answer 18

property that is intentionally placed, unintentionally left

Question 19

define abandoned property

Answer 19

property that is voluntarily and intentionally placed and walked away from. The owner has no intentions to come back for it

Question 20

define treasure trove property

Answer 20

intentionally placed, usually buried, for safekeeping with intent to return

Question 21

for lost property, who usually wins? (no true owner known)

Answer 21

finder, unless finder is a trespasser

Question 22

for lost property, who wins if the finder is a trespasser?

Answer 22

OLIQ

Question 23

for lost property, who ALWAYS wins?

Answer 23

true owner

Question 24

for mislaid property, who ALWAYS wins?

Answer 24

true owner

Question 25

for mislaid property, who always wins, if no true owner is located?

Answer 25

OLIQ

Question 26

for treasure trove, who usually wins?

Answer 26

finder

Question 27

why wouldn’t a finder win in a treasure trove situation?

Answer 27

if the finder is a trespasser

Question 28

what are the three requirements for a valid gift?

Answer 28

intention, delivery, and acceptance

Question 29

define manual delivery

Answer 29

handing over the actual object

Question 30

define constructive delivery

Answer 30

handing over a key or some subject that will open up access to the subject matter

Question 31

define symbolic delivery

Answer 31

handing over something symbolic of the property given (usually a note)

Question 32

define disclaimer (as it pertains to accepting a gift)

Answer 32

refusing a gift

Question 33

give a reason why someone might refuse a gift

Answer 33

they don’t want to pay taxes on it, they don’t need it, or if refused, will go to the next of kin who needs it more

Question 34

what is a donatio causa mortis?

Answer 34

deathbed gift

Question 35

what is an inter vivos gift?

Answer 35

lifetime gift

Question 36

what type of delivery, if possible, must occur?

Answer 36

manual

Question 37

in what situation is manual delivery not required?

Answer 37

when the item is too big or heavy to manually deliver

Question 38

when is symbolic delivery not valid?

Answer 38

for gifts causa mortis (unless that symbolic delivery is in the form of a will)

Question 39

define testator

Answer 39

someone who dies with a will

Question 40

define intestator

Answer 40

someone who dies without a will

Question 41

for gifts causa mortis, what is the only way a gift is guaranteed?

Answer 41

when it is in a legal will