Intro to Property, Possession, Bailments - Jan. 10, 12

Question 1

What are the four incidents of ownership? (Barros)

Answer 1

The four incidents of ownership are: possession, use, alienation, and exclusion. (1)

Question 2

What is an incident? (Barros)

Answer 2

An incident is a right that a property owner has in an object. (1)

Question 3

What does alienation mean? (Barros)

Answer 3

Alienation means the transfer (by sale or gift) of property. (1)

Question 4

What is real property? (Barros)

Answer 4

Real property is land and things, like buildings, that are physically attached to the land. (1)

Question 5

What is personal property? (Barros)

Answer 5

Personal property is everything else that is not physically attached to the land. (1)

Question 6

What is conversion/trover? (Barros)

Answer 6

Conversion is an action for damages for the wrongful possession or destruction of personal property. The remedy for conversion is monetary damages. (4)

Question 7

What is replevin? (Barros)

Answer 7

Replevin is an action for the return of property wrongfully possessed by the defendant. The remedy for replevin is a court forcing the return of the property. (4)

Question 8

What is trespass to chattels? (Barros)

Answer 8

Trespass to chattels is an action for damage to personal property. The remedy for trespass to chattels is monetary damages. (4)

Question 9

What is the rule of capture? (Barros)

Answer 9

The rule of capture gives ownership of a previously unowned resource to the first person to gain possession of that resource/ A person gains ownership of a previously unowned wild animal by capturing and gaining possession over it. More broadly, the rule of capture applies (at least arguably) to other fugitive resources. (8,9)

Question 10

What is a problem with the rule of capture? (Barros)

Answer 10

The rule of capture can lead to overconsumption of a resource. I.e. If I leave it behind, someone else will take it. E.g. private property can help prevent overconsumption of resources. (8)

Question 11

What is a fugitive resource? (Barros)

Answer 11

A fugitive resource is a resource that moves on its own. (9)

Question 12

What is the rule of first possession? (Barros)

Answer 12

The rule of first possession is that a person gains ownership of an unowned thing by gaining possession over that thing. (9)

Question 13

What is the concept of first in time, first in right? (Barros)

Answer 13

The idea that if I had rights to an object before you, my rights are superior to yours. (9)

Question 14

What is the concept of constructive possession? (Barros)

Answer 14

If a wild animal is on my property, I have the exclusive right to to capture them because they are on my land. (Ratione Soli) (9)

Question 15

What does constructive mean? (Barros)

Answer 15

Constructive means that “it isn’t so, but we will pretend that it is.” (9)

Question 16

What is the default rule in most states as far as hunting? (Barros)

Answer 16

The hunter gets ownership of the wild animal even if it is captured on private land unless the owner posts “no hunting” or “no trespassing” on their land. (9/10)

Question 17

What is a bailment? (Barros)

Answer 17

Bailment is the rightful possession of goods by one who is not the true owner. (10)

Question 18

What is the nonowner in rightful possession in a bailment called? (Barros)

Answer 18

A bailee. (10)

Question 19

What is the owner in a bailment called? (Barros)

Answer 19

A bailor. (10)

Question 20

What is an example of a bailment? (Barros)

Answer 20

Leaving a suit at the drycleaner. You are the bailor and the drycleaner is the bailee. (10)

Question 21

Can bailments be created with goods that are fungible, such as cash or commodities like grain? (Barros)

Answer 21

No because it doesn’t matter whether the bailee gives you the specific item you gave them back, only that you get an item like it back (same $20 bill not necessary as long as you get a $20 bill back). (10)

Question 22

What is the formula courts use for possession? (Barros)

Answer 22

Possession = Intent + Control. (10)

Question 23

What is the difference between custody and possession? (Barros)

Answer 23

In custody a person does not have the intent to control, they are only controlling. I.e. when a jeweler shows a customer a ring. (11)

Question 24

What is the doctrine of accession? (Barros)

Answer 24

Under the doctrine of accession, title to personal property might pass from the original owner to a person who innocently and in good faith adds significant value to that item. (11)

Question 25

What are the three classifications of bailments? (Barros)

Answer 25

(1) Bailments solely for the benefit of the bailor.
(2) Mutual benefit bailments (commercial bailments).
(3) Bailments solely for the benefit of the bailee. (12)

Question 26

What is misdelivery of a good? (Barros)

Answer 26

Misdelivery is the failure to return the good or delivery to the wrong person. If they do not they are strictly liable. (13)

Question 27

Does a bailee have an obligation to return a bialed good? (Barros)

Answer 27

Yes. (13)

Question 28

Does the bailee have superior rights to a third party baliee? (Barros)

Answer 28

Yes. (13)

Question 29

What is the relativity of title? (Barros)

Answer 29

Relativity of title is the idea that a person (the bailee) could have superior rights in an object as compared to one person (a third party) but inferior rights in that object to another person (the bailor). (13)

Question 30

What rules does Armory v. Delamirie (1722) establish? (Barros)

Answer 30

(1) The true owner always wins.

(2) The finder wins against everyone except the true owner and any prior possessor.* (23)

*Caveats

Question 31

What are the two caveats to the finder always winning? (Barros)

Answer 31

(1) The finder might lose against the owner of the locus.

(2) The finder might lose against the prior possessor who is not the true owner. (23)

Question 32

Under the common law, what are the four categories of found property? (Barros)

Answer 32

The four categories of found property under the common law are: abandoned property, lost property, mislaid property, and treasure trove. (25)

Question 33

What is abandoned property? (Barros)

Answer 33

Property is abandoned when the owner no longer wants to possess it (considering abandonment of real estate). (25)

Question 34

What is lost property? (Barros)

Answer 34

“Property is lost when the owner unintentionally and involuntarily parts with its possession and does not know where it is.” (25)

Question 35

What is mislaid property? (Barros)

Answer 35

Mislaid property is voluntarily put in a certain place by the owner who then overlooks or forgets where the property is. (25)

Question 36

What is a treasure trove? (Barros)

Answer 36

Treasure trove consists of antiquated coins or currency concealed by the owner. (26)

Question 37

What is a justification for giving mislaid property to the owner of the locus? (Barros)

Answer 37

The true owner might retrace her steps with mislaid property than with lost property. Giving ownership to the owner of the locus therefore makes it more likely that the true owner will get her property back. (35)

Question 38

In the case of abandoned property, who will most likely win between the finder and the true owner? (Barros)

Answer 38

In the case of abandoned property, the finder will most likely win because, by abandoning the property, the owner gave up their intent of possession as well as their control. (35)

Question 39

What is contraband? (Barros)

Answer 39

Typically defined by statute to be property used in certain crimes, or the proceeds gained from crimes. (36)

Question 40

What are the elements of constructive possession? (GG)

Answer 40

(1) the landowner has a general intent to exercise dominion and control over her property and

(2) has engaged in substantial acts of control. (7)

Question 41

How is abandonment shown? (Barros)

Answer 41

Abandonment is shown by proof that the owner intends to abandon the property and has voluntarily relinquished all right, title and interest in the property. (25)

Question 42

Who does abandoned property belong to? (Barros)

Answer 42

Abandoned property belongs to the finder of the property against all others, including the former owner. (25)

Question 43

When does lost property become the property of the finder? (Barros)

Answer 43

Under chapter 644, lost property becomes the property of the finder once the statutory procedures are followed and the owner makes no claim within twelve months. (25)

Question 44

What is stolen property found by someone who did not participate in the theft considered? (Barros)

Answer 44

Stolen property found by someone who did not participate in the theft is lost property. (25)

Question 45

What is stolen property found by someone who did not participate in the theft considered? (Barros)

Answer 45

Stolen property found by someone who did not participate in the theft is lost property. (25)

Question 46

How can property be classified as a treasure trove? (Barros)

Answer 46

To be classified as treasure trove, the property must have been hidden or concealed for such a length of time that the owner is probably dead or undiscoverable. (26)

Question 47

Who does a treasure trove belong to? (Barros)

Answer 47

Treasure trove belongs to the finder as against all but the true owner. (26)

Question 48

How does mislaid property differ from lost property? (Barros)

Answer 48

It differs from lost property in that the owner voluntarily and intentionally places mislaid property in the location where it is eventually found by another. In contrast, property is not considered lost unless the owner parts with it involuntarily (carefully concealed currency was mislaid property, not lost property). (25)