Personal Prop Flashcards
Inter Vivos Gift
A gift during life:
1) intent: donor has present intent to transfer title gratuitously to donee;
2) delivery: there is actual or constructive delivery, or it is already in the donee’s possession; and
3) acceptance: donee accepts gift
gift of car: Under MI law to give gift of car, one must endorse the certificate of title as required by the SOS
gift of engagement ring: engagement ring is conditional gift which only becomes complete upon marriage
Gift Causa Mortis
A gift given in contemplation of death
Rule: title of gift does not transfer to the donee until the death of the donor because it is revocable during the lifetime of the donor
1) gift must be made with a view of the donor’s death from a present sickness or peril (in MI gift in contemplation of suicide may be valid)
2) actual or constructive delivery of the subject matter must occur as the circumstances permit
3) intent must be conditioned to become absolute only upon the donor’s death
Lost and Mislaid Property
Lost property: where it is found
-test is whether reasonable person would judge that the owner had accidentally and involuntarily parted with the possession of the property and does not know where to find it
Mislaid property:
-Judging where it was found, it can reasonably be determined that the property was intentionally placed there and thereafter forgotten
Lost and Mislaid Property Act (LUPA)
- A finder must report the finding and deliver the property to a law enforcement agency
- If finder wishes to receive it if it’s not claimed by legal owner, the finder shall provide his name and address w/ law enforcement agency
- If owner of property is established, given back to owner
- If no owner, returned to finder after 6 months
Abandoned Property
Property is abandoned when the true owner:
- intends to relinquish the property without intending to transfer title to any particular person; and
- carries out that intention with an external act
Rewards
If the property owner offers a reward to the finder of lost property, a lien is created to the extend of the rewards and the finder is entitled to detain the property until the rewards is paid
Bailment
A bailment is made when personal property is delivered into possession of another for a specific lawful purpose.
Elements:
- possession of property
- consent required
- knowledge of presence
Title owner = bailor
Party taking possession = bailee
Note: does not transfer title just alters possession of item
Uniform Transfers to Minors Act
Covers an irrevocable gift of any type of property that conveys to the minor indefeasibly vested legal title, subject only to the rights, powers, duties and authority of the custodian.
- each gift many be to only one minor
- gift doesn’t have to be in possession/control of person as custodian
i.e. putting money into a bank account for a child as gift falls under this act because it provides a custodial property is created and a transfer is made when money is paid or delivered to a broker or financial institution for credit to an account in name of minor
Garage’s Keeper’s Lien Act
A garage keeper’s lien requires a contract that is expressed, implied, written or unwritten, between a garage keeper and a vehicle’s owner.
-lien is the amount of money due from the vehicle’s owner for the storage, maintenance, keeping, diagnosis, estimate of repairs and repair of the vehicle and for supplies furnished, expenses bestowed or labor performed on the vehicle as long as the vehicle remains in possession of the garage keeper
Liens
A lien is a right or claim against some interest in property created by law as an incident of a contract
types of liens:
- general: right to retain all the property of another as security for a general balance due
- special: right to retain specific property for charges due for services concerning specific property
Self-Storage Facility Act
Owner of self-storage facility has a lien on the contents for storage units for unpaid rent and fees.
Owner of the facility may sell the contents at a public sale after providing both public notice and notice to interested parties
MI Statutory Conversion
Provides remedy against:
- person who steals, embezzles or converts property to her own use; and/or
- one who buys, receives or aids in concealment of stolen embezzled, or converted
*Party whose property was stolen, embezzled or converted may recover THREE times the actual damages sustained plus costs and reasonable attorney’s fees
Remedies of Wrongful Deprivation of Possessory Rights in Chattel
1) Replevin: action to recover the item itself
2) Conversion: forced sale based on the value of the chattel as of date of conversion and title becomes vested in the converter by operation of law
Duty of Care in Bailments
When bailment is solely for benefit of the bailor:
-bailee owes lowest degree of responsibility and is only liable for gross negligence
When bailment is for mutual benefit of bailor and bailee:
-bailee is liable for ordinary negligence
When bailment is solely for benefit of bailee:
-highest duty of care by bailee who could be liable for even the slightest negligence
Burden then shifts to bailee to rebut negligence claim
Remedies for Bailors
When something happens to chattel when bailee has it, bailor can sue:
1) for negligence (see duty standards card)
2) replevin
3) conversion
