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Missouri Bar Prep > IN Personal Property > Flashcards

IN Personal Property Flashcards

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1
Q

IN Personal Property

A
  • Leases - Personal
  • Crops - Fructus Industriales - personal - Annual crops go with conveyance unless contrary intent shown
  • Fixtures - Can be converted to either
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2
Q

IN Personal Property

Crops

A
  • Conveyed unless deed reserves or other intent shown
  • Mortgage on crops - like land, first in time right
  • Emblements - Right of former tenant to enter and harvest those planted prior to end of estate, when:
    a. tenancy for uncertain duration
    b. tenancy terminated w/o tenant fault
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3
Q

IN Personal Property

Wild Animals

A
  • First to exercise dominion and control
  • Trap - Constructive possession made
  • Mortal wound, possession inevitable, vested property right; mere pursuit not enough
  • Trespasser who kills on land forfeits title
  • Poacher has no title.
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4
Q

IN Personal Property

Copyright

A
  • Work must have taken concrete form, not abstract idea
  • New and original
  • Must be fixed in tangible medium, sufficiently permanent to be perceived or reproduced
  • Exclusive author - life plus 70 years
  • Hired or anonymous - 95 years from publication or 120 years from creation, shorter
  • Must be federally registered to bring action
  • Idea - generally no rights - when original concrete, and useful, and circum clearly indicate compensation contemplated if used
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5
Q

IN Personal Property

Lost, Mislaid, Abandoned

A
  • Lost or mislaid - does not relinquish title
  • Abandon - relinquish title
  • Abandon - must show owner voluntarily gave up ownership, not just possession
  • Title obtained by:
    a. actual or constructive dominion or control
    b. intent to assert ownership.
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6
Q

IN personal Property
Lost or Mislaid
Right to possess

A
  • finder entitled to possession over all but true owner
  • Trespasser or Finder on Highly private locus - No possession right, prop. owner
  • Mislaid - Owner of locus quo is possessor
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7
Q

IN Personal Property

Duty to return

A
  • If have reasonable means of finding true owner, do so or larceny or conversion
  • Must keep with due care, gratuitous bailee
  • If time enough to be abandoned or SOL runs, title can be gained.
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8
Q

IN Personal Property
Accession
Innocent v. willful trespasser

A
  • Accession - Trespasser adds value to chattel.
  • If the addition can be detached, that will be ordered to put each back to status quo
  • Who is owner: Depends on status of trespasser
    a. Innocent - Owner maintains title, limited
    1. may be limited to damages, not replevin
    2. Great increase, damages, not replevin
    b. Willful - Owner’s title persists, even if complete change. Has damage action or replevin in enhanced state.
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9
Q

IN Personal Property

Confusion

A
  • Goods of different persons can no longer be distinguished
  • If same kind and quality, parties are tenants in common of the mass; in proportion to their contribution
  • Regardless of how the confusion occurred.
    • Unknown Contribution
  • If innocent, tenants in common to the mass
  • if wrongful - Burden on owner who was wrongful or through agent or bailee wrongful to prove her portion or the ENTIRE mass belongs to the other owner
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10
Q

IN Personal Property

Adverse Possession

A
  • Same as for real property
  • successive possessors can tack time if in privity
  • Tolling - Disability, wrongdoer is domiciled in but out of jurisdiction and can’t be served, wrongdoer fraudulently conceals himself from service.
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11
Q

IN Personal Property

Gift

A
  • a. donative intent, b. delivery, c. acceptance
  • Intent - Promise to make gift in future is not binding.
  • can make a vested gift and reserve a portion of title (life use) similar to property.
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12
Q

IN Personal Property
Uniform Transfers to Minors Act
General applicability

A
  • If gift given to minor under UTMA, gift complete and qualifies for gift tax exclusion
  • Applies to all types of property and transfers
  • Irrevocable, subject to rights of custodian
  • Gift must be to a single minor
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13
Q

IN Personal Property
Uniform Transfers to Minors Act
Creation of custodial property

A
  • Must place in control of custodian as soon as practicable. failure due to death or improper designation of custodian does not affect consummation of gift
  • Custodial property created when:
    a. Security registered in name of custodian or delivered with endorsement
    b. money - paid to account in custodian name
    c. property recorded
    d. transferred to trust or other adult
    e. titled in name
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14
Q

IN Personal Property

Liens

A
  • Right on personal property, to retain when services performed on the thing
  • General Lien -
  • Special Lien -
  • May exist w/o adding value to chattel
  • for carrier, warehouse, bailee, trustee, agent, etc. Special lienor exception
  • Generally the lienor must add value.
  • when ambiguous, construed as special
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15
Q

IN Personal Property

Rights of different lienors

A
  • Working on property, mechanic, cleaner, craftsman, warehouse. Have lien for value of services.
  • Landlord - lien on chattels on premises, from time bringing on if lease executed
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16
Q

IN Personal Property
Liens by carriers
Innkeepers

A
  • Carriers - Must receive goods from owner
  • Innkeeper - has lien on all chattels so long as no knowledge that person not rightfully in possession.
    • Can have lien on stuff properly possessed but person did not have title. (customer’s company computer)
  • Bailees for hire - no lien on goods not belonging to owner. Has choice of goods to receive
17
Q

IN Personal Property

Per. Prop. waiver of lien rights

A
  • Rights can be contracted away expressly or implied by terms.
  • Enforcement is to hold or use statutory rights for sale by notice or foreclosure
18
Q

IN Personal Property
Bailments
Elements

A

a. Possession by bailee w/ intent to control - If bailee has no control it may be a rental situation. Rent parking space where can come and go as please.
- bailor’s possession would be excluded and must intend to transfer possession
b. Bailee must consent - mere custody not enough
c. Knowledge of presence of stuff
- Can be implied if saw it was left, usually invited person and would know they would leave; say wallet by cashier
d. Must not be concealed - no bail for stuff not known of but concealed in the bailed property; stuff in trunk unless aware of its presence

19
Q

IN Personal Property
Bailment
Employer property

A
  • Servant not bailee of master’s prop., he does not control unless allows full control;
  • use for personal or work allowed
  • Distinction - negligence of bailee not imputed to bailor; is imputed to master if in course of employment
  • Computer could always be part of employment if not bailment sitch
20
Q

IN Personal Property
Bailment
Sale v. Bail

A
  • Sale usually involves transaction w/ no obligation to return the specific article.
  • Delivered on trial w/ option, bail until exercised
  • Returning goods - Bail once title given back to original owner.
  • Innkeeper - liable for all property brought on whether had knowledge or was concealed;
  • exception - when loss fault of guest, act of god, public enemy
21
Q

IN Personal Property
Bailment
Actions against third parties

A
  • During life of bailment, the bailee has the action in replevy not the owner bailor
    could bring trespass
  • If can treat bailment ended, has rights in conversion or replevin
22
Q

IN Personal Property
Bailment
Duty of bailee

A
  • Must exercise due care, bailee is not insurer of goods.
  • Sole benefit of Bailor - liable for gross negligence
  • Sole benefit of bailee - liable for slight negligence
  • Mutual benefit - ordinary due care
  • Strict liability - when depart from bailment terms, express or implied agreement to insure, failure to deliver or misdelivery, conversion,
  • exception - returned under instrument, no knowledge that person was improper holder of such
  • Bailee’s use harms third party - Bailee liable
23
Q

IN Personal Property
Bailment
Duty of bailor

A
  • gratuitous - must inform bailee of defect he knows that might cause injury
  • Bailment for hire - inform bailee of defects known to him or that could have known with reasonable diligence
24
Q

IN Personal Property
Bailment
Common Carrier elements
Liability

A
  • Hired to transport, three requires
    a. must be a holding out to perform for all who apply
    b. carrying must be for hire
    c. service must be for carriage
  • Liability - Insurer of goods, liable for all damage
    • exceptions
      1. act of God
      2. act of a public enemy
      3. an act of state, legal process
      4. act of a shipper; bad packing, etc
      5. Inherent nature of goods; fruit not mishandled
  • Begins when goods delivered, express or implied, and accepted, for immediate transport. Warehouser until shipment time if delayed
25
Q

IN Personal Property
Common Carrier
Limiting liability

A
  • Can limit by contract even if not read
  • Must give consideration, lower rate
  • Cannot limit liability for damage due to negligence - void against P.Policy

Missouri Bar Prep (25 decks)

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