Personal Property Flashcards
Bailment***[ very likely to be tested]
- Establish there is a bailment
- establish what kind.
Action for Negligence - Bailments
The law states that a bailment occurs when an owner of personal property (bailor) delivers possession of personal property to an individual (bailee), for a specific lawful purpose, with the latter agreeing to return the property to the former at a later time.
Under a theory for negligence, a prima facie case is established when an owner of personal property can establish that loss, damage, or destruction of the chattel has occurred while in the possession of the bailee. The bailee can then offer proof to rebut this presumption.
The standard of care a bailee must exercise over the bailor’s personal property is dependent on the type of bailment.
There are three types of bailments: a bailment for the sole benefit of the bailor, a bailment for the mutual benefit of both parties, and a bailment for the sole benefit of the bailee. For the first type of bailment, the bailee is liable for only gross negligence. Under the second type of bailment, the standard of care is that of ordinary care. Under the third type of bailment, the bailee is liable for loss or damage that arises from even slight negligence
Action for Conversion - Bailments ( mainly tests statutory conversion)**
Common law conversion occurs when an individual asserts dominion wrongfully over another’s chattel that conflicts with or essentially deprives the owner of his rights of ownership. Under this theory a plaintiff can recover the fair market value of the chattel.
Statutory conversion occurs when an individual steals, embezzles, or converts personal property for their own use, or buys, receives, or aids in the concealment of stolen, embezzled or converted property and knew that the property was stolen, embezzled or converted. **Under this theory of recovery, an owner of personal property can recover 3 times the amount of damages, plus costs and reasonable attorney fees.*
Lost & Mislaid Property** [ likely to be tested]
Lost and mislaid property are subject to Michigan’s Lost and Unclaimed property act (LUPA), which states that a finder of lost property must report the finding and deliver the personal property to law enforcement. Law enforcement will then categorise property into one of 9 categories. The law states that if property is of major value, law enforcement must mail notice to the lawful owner if known. If the lawful owner is established, the owner gets it. Otherwise after six months, it can go to the finder if they choose to leave their name and number with law enforcement.
Under a theory of replevin, an owner can recover their specific personal property if it is in the possession of another.
Gift Causa Mortis***
A gift causa mortis is a gift given in contemplation of imminent death (including death by suicide). It is revocable during the lifetime of the donor, and title to the donee only occurs upon the death of the donor.
The law states that in order to grant a valid gift causa mortis, there must be intent to transfer title conditioned to become absolute only upon a person’s death, constructive or actual delivery, acceptance by the donee, and the gift must be made in contemplation of donor’s expectation of imminent death from present sickness or peril. Acceptance is presumed if the gift is of value.
A gift causa mortis is valid even if a subsequent will is written, unless it is expressly revoked.
Gift Intervivos** [HEAVILY TESTED, TESTED FEB 2021, LIKELY TO BE TESTED JULY 2021]
tested frequently w/ abandoned property or bailment /negligence
An inter vivos gift is a gift given to someone during their lifetime. Three elements are necessary to constitute a valid gift: (1) the donor must possess a present intent to gratuitously pass title to the donee; (2) there must be actual or constructive delivery; and (3) the donee must accept the gift, although a gift of value to the donee will be presumed to have been accepted.
Constructive delivery occurs when physical delivery is impracticable because of the size/nature of the item. Delivery must give the donee dominion and control of the property, and the donor cannot retain the power to recall the gift.
After a valid gift intervivos is made, it cannot be revoked.
To gift a car, one must endorse a certificate of title as required by the secretary of state.
Engagement ring** [tested feb 2021]
- conditional gift in contemplation of marriage and does not become absolute until the marriage occurs.
Rewards for lost property & replevin
If a property owner offers a reward to the finder of the lost property, a lien is created to the extent of the reward and the finder is entitled to detain the property until the reward is paid.
A claim for replevin by the true owner is inappropriate if the reward has not been paid. A finder does not waive the reward if they do not permit an owner to inspect the lost property.
Abandoned property ***
An owner loses title over property if he abandons it. Abandonment is an intent to relinquish property and a showing of acts that put that intention into effect.
DON’T DISCUSS LUPA*
Action for Replevin - Bailments
An individual can recover specific personal property that has been unlawfully taken or detained as long as the individual has a right to possess the property taken/detained.
