OH Personal Property

Question 1

Distinctions between Real and Personal Property

Answer 1

Real property is immovable property and consists of land, things fixed to land, or things incident or appurtenant to land
Personal property is movable, which includes anything that is not real property

Question 2

Ways to Acquire/Lose Rights and Title to Property

Answer 2

Occupancy
Adverse possession
Accession
Confusion
Judgment
Gift
Chattel is lost, mislaid, or abandoned

Question 3

Lost Property Test

Answer 3

You simply “lose” property (accidentally and involuntary)

Test: where is the property found? would a reasonable person judge that the owner had accidentally and involuntarily parted possession with the property and does not know where to find it

Question 4

Mislaid Property Test

Answer 4

Property is mislaid when, judging from the place found, it can reasonably be determined that the property was intentionally placed there and forgotten

Question 5

Abandoned Property Test

Answer 5

Property is abandoned when the owner has voluntarily relinquished all ownership with the intent to give up both title and possession (must show acts carrying out that intent)

Question 6

Finder of Lost Property: General Rule

Answer 6

One who finds lost property is entitled to the possession of the lost property against all the world except the true owner

Question 7

Finder of Lost Property: 3 Exceptions

Answer 7

1) trespasser: will not be allowed to secure possessory rights in lost property, thus possession falls to the owner of place where property was found
2) highly private locus: the owner of the highly private locus obtains possession, not finder (unless the place if discovery is open to the public)
3) employer-employee: the employee, as finder, has right to retain possession against all but the true owner

Question 8

Finder of Mislaid Property

Answer 8

The finder does not acquire possession, the owner of the locus in quo or employer takes possession

Question 9

Rights and Duties of Possessor

Answer 9

Possessor is a quasi-bailee with a duty to find the true owner if known or reasonably discoverable and a duty of due care
Duties persist until abandonment or SOL runs

Question 10

Treasure Trove

Answer 10

any gold, silver, or paper representative thereof found concealed, the owner of which is unknown
CL: treasure trove belong to finder, even if trespasser
Modern: treated the same as lost property

Question 11

Unclaimed Funds Act

Answer 11

Holder of the funds gives the state the name and last known address of the owner, and turns the funds over to the state, thus relieving holder of further responsibility

Question 12

Gift: Defintion

Answer 12

A present voluntary transfer of property without any consideration or compensation

Question 13

Inter Vivos Gift Requirements

Answer 13

Donative Intent
Delivery
Acceptance

Question 14

Donative Intent

Answer 14

Donor must have present mental capacity and an intent to make an effective gift

Question 15

Delivery: Actual Physical Delivery

Answer 15

Donee has acquired dominion and control over the subject matter of the gift

Question 16

Delivery: Constructive Delivery

Answer 16

Where it would be impossible or impracticable to deliver an item, substitute delivery is proper where the donor surrenders as much control over the subject matter of the gift as he presently possesses

Question 17

Delivery: Delivery by Written Instrument

Answer 17

Effective if the writing manifests donative intent, describes the subject matter, is this is signed by the donor, and is delivered

Question 18

Delivery: Symbolic Delivery

Answer 18

When manual delivery is impossible or impracticable, the donor may hand over some object that is symbolic of the actual item

Question 19

Delivery: Donee Already in Possession

Answer 19

If the donee is already in possession, the donor need not repossess and then return the article to donee

Question 20

Delivery: Gift Through Agent

Answer 20

If the donee has an agent, the gift is effective when the donor delivers to the agent
If the donor has an agent, the gift is effective when the agent delivers to the donee

Question 21

Problems with Delivery: Checks Promissory Notes

Answer 21

The mere manual delivery of the check executed by the donor does not fulfill the delivery requirements unless the check is cashed

If the check is a check of another, physical delivery satisfies the delivery requirements

Question 22

Problems with Delivery: Stock Certificates, Life Insurance Policies, Bank Savings Book

Answer 22

physical delivery of stock certificate, bank book, etc. with the requisite intent is sufficient

Question 23

Acceptance of Donee

Answer 23

When the gift is beneficial to the donee, acceptance is presumed

Donee may refuse to accept a gift by an affirmative act

Question 24

Gift Causa Mortis: Application

Answer 24

Only applies to personal property

Must be in contemplation of imminent death

Question 25

Gifts Causa Mortis: Revocation

Answer 25

``` Methods of Revocation: Donor revokes Donor recovers Donee dies before the donor Donor dies from a different cause than that he anticipated dying from ```

Question 26

Death as Anticipated Rules

Answer 26

Traditional Rule: Gift will not be valid if donor dies from a different cause than anticipated Modern Rule: If the donor would have died anyways, and it’s simply fortuitous that he died in a different way, the gift will be valid

Question 27

Transfer to Minors Act

Answer 27

Irrevocable gift of any type of property that conveys to the minor indefeasibly vested legal title, subject only to the right, powers, duties, and authority of the custodian Can only be given to one minor

Question 28

Custodian Duties

Answer 28

Must collect, hold, manage, etc. custodial property as reasonably prudent person would Entitled to reasonable compensation bur may act without compensation

Question 29

Bailment: Definition

Answer 29

A relationship created by the transfer of personal property for the accomplishment of a certain purpose, there is no transfer of title and property may only be used in accord with the terms of the bailment

Question 30

Bailment: Elements

Answer 30

Possession of property Consent of bailee Knowledge of presence by bailee

Question 31

Bailee's Rights in Bailed Chattel

Answer 31

Has exclusive right of possession Does not have the right to use subject matter of bailment unless there is an express provision or circumstances where intent is presumed

Question 32

Bailor's Rights in Bailed Chattel: Elements for Prima Facie Case

Answer 32

Bailor must show: A contract of bailment Delivery to bailee The bailee's failure to redeliver the property undamaged

Question 33

Bailee's Duties with Respect to Bailed Goods: Duty of Care

Answer 33

Sole Benefit of the Bailor: Bailee will only be liable for gross negligence Sole Benefit of the Bailee: Bailee will be liable for slight negligence Mutual Benefit: Bailee will be liable for ordinary negligence Modern Trend: All bailments subject Bailee to liability for ordinary negligence

Question 34

Absolute Liability of Bailee: Deviation from Agreed Upon Use

Answer 34

When she departs from the terms of the bailment by using the goods in a manner not agreed upon, removing the goods from the agreed upon place of storage, or breaching an agreement to insure the good

Question 35

Bailee's Duties with Respect to Bailed Goods: Duty to Redeliver

Answer 35

Bailee has a duty to redeliver or account for bailed items

Question 36

Absolute Liability of Bailee: Misdelivery

Answer 36

Strictly liable for improperly delivering the bailed chattel to someone other than the bailor Such misdelivery is a breach of the bailment and a conversion of the bailed chattel

Question 37

Absolute Liability of Bailee: Misdelivery Exception

Answer 37

Indispensable Instrument Exception: Not subject to strict liability when bailee delivers the chattel to one holding an indispensable instrument (e.g., claim check) as long as the bailee had no notice or knowledge that the one presenting the instrument was not the original bailor

Question 38

Exculpatory Clauses: 3 General Rules

Answer 38

1. One may not completely exculpate himself from liability 2. One may limit his liability if the limitation is known to the bailor 3. Such limitation is only effective as against the bailee’s ordinary negligence