Personal Property

Question 1

What is real property?

Answer 1

Land and everything appurtenant to the land

Question 2

What is personal property?

Answer 2

All property that is not real property

Question 3

What are the three categories of found property?

Answer 3

1. Abandoned Property
2. Lost Property
3. Mislaid Property

Question 4

What is abandoned property?

Answer 4

owner voluntarily given up possession with intent to give up title and control

Question 5

What is lost property?

Answer 5

property where the owner has accidentally and involuntarily parted with possession of the property and does not know where to find it

owner has taken no voluntary affirmative act in placing the property where it’s found

Question 6

What is mislaid property?

Answer 6

the owner has intentionally place the property where it was found and thereafter forgotten

the owner has taken some voluntary act in placing property down, and the

Question 7

Who gets found property?

Answer 7

• Mislaid: the owner or occupier of the premises on which the property is found will prevail over finder
• Lost: the finder wins over the owner or occupier of the premises loses (with a few exceptions)

Question 8

What are the exceptions to the Lost Property Rule?

Answer 8

1. Finder of lost property is a trespasser
2. Master always prevails over servant (employer-employee)
3. Highly private location

Question 9

What is a gift?

Answer 9

A present voluntary transfer of property without any consideration or compensation

Question 10

What are the requirements for gifts?

Answer 10

1) Mental capacity
2) Donative intent
3) Valid delivery
4) Valid acceptance

Question 11

What are the requirements for donative intent?

Answer 11

1. Intent to pass TITLE (not possession) now
2. Present mental capacity

Question 12

How can a donee refuse a gift?

Answer 12

Explicit rejection, by words or deeds

Question 13

What are the methods for accomplishing delivery of a gift?

Answer 13

1. Actual physical delivery
2. Donee already in possession
3. Symbolic delivery
4. Constructive delivery

Question 14

What is constructive delivery?

Answer 14

the owner surrendering as much control over the subject matter of the gift as they presently possess

Question 15

Generally, are checks and promissory notes considered delivered by handing them to the donee?

Answer 15

Manual delivery does NOT fulfill the delivery requirement until and unless the check is cashed or the note is paid.

Question 16

Is the delivery requirement satisfied if the donor hands the donee a check or promissory note made out to the donor by a third party?

Answer 16

Yes, the delivery requirement is satisfied even if the donor has not endorsed the check or note to the donee.

Question 17

How is delivery of stock certificates satisfied?

Answer 17

Physical delivery of shares of stock with the requisite donative intent is sufficient even though the donor continues to receive the dividends up to the time of their death.

Question 18

When is delivery satisfied if performed through a third party agent?

Answer 18

1) If third party is donee’s agent then valid delivery when handed to third party
2) If third party is donor’s agent, then valid delivery when third party hands it over to the donee

Question 19

If it is not clear whose agent the third party is, what is the presumption?

Answer 19

The presumption is that its the donor’s agent unless the donee is a minor and then it is presumed the third party is the donee’s agent.

Question 20

What is gift causa mortis?

Answer 20

one given in contemplation of death

Question 21

What are the two considerations when examining gift causa mortis?

Answer 21

1. what kind of peril must the donor be contemplating
2. how is gift causa mortis revoked?

Question 22

What is the nature of the peril?

Answer 22

The donor must be suffering from an actual illness that threatens their life

Question 23

How can a gift causa mortis be revoked?

Answer 23

1) affirmative act by the donor;
2) donee predeceases the donor; or
3) by operation of law when the donor recovers (unless the gift is realty)

Question 24

What is a bailment?

Answer 24

The relationship created by the transfer of personal property by one called the bailor to another called the bailee for the accomplishment of a certain purpose.

Question 25

What are the considerations in regards to a bailment?

Answer 25

1) is the relationship a bailment?
2) If yes, what is the liability of the bailee if the chattel is damaged, destroyed, or missing?

Question 26

When does a bailment exist?

Answer 26

If the alleged bailee possesses the property, which entails physical custody over the property coupled with an intent to exercise control

Question 27

Are parking lots and garages bailments?

Answer 27

1) If the parking lot or garage keeps the keys, the car is bailed
2) If its self-parked and the driver keeps the keys, the car is not bailed.

Question 28

What is the standard of care of a bailee?

Answer 28

1) sole benefit of the bailor - bailee only liable for gross negligence
2) sole benefit of bailee- bailee liable for slight negligence
3) mutual benefit - ordinary due care

Question 29

In what situations is the bailee held strictly liable?

Answer 29

1) unauthorized use
2) misdelivery

Question 30

What is the exception to strict liability for misdelivery?

Answer 30

Misdelivery of a vehicle in a parking garage to someone who shows up with a forged claim check brings no strict liability.

Question 31

When can a bailee limit their liability for ordinary negligence?

Answer 31

when the bailor has received effective notice of the limitation

Question 32

What are the requirements for limiting a bailee’s liability for gross negligence, recklessness, or intentionally tortious conduct?

Answer 32

The bailee cannot limits its liability for these types of harms.

Question 33

What is a common carrier?

Answer 33

1) holds out service to anyone who applies
2) carriage must be for hire
3) service must be for carriage
4) considered an insurer of the goods given by the shipper

Question 34

Common carriers are liable for damages of goods or chattel unless

Answer 34

1) the goods are destroyed by an Act of God
2) the goods are damaged or destroyed by fault of shipper
3) the goods are destroyed or damaged because they are perishable