IN Personal Property Flashcards
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
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
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.
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
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.
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
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.
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.
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
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.
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.
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
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
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
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
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
- exceptions
- 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
