Personal Property Flashcards
To establish a bailment, the bailor must prove that they….
delivered the goods to the bailee and the bailee accepted the goods.
A bailee must have…
physical control over the bailed property and intent to exercise that control.
When a bailment is for the mutual benefit of the bailor and bailee, what standard of care is required?
Ordinary due care.
To establish a breach of a bailment, the must Plaintiff prove that….
the bailee owed the bailor a standard of care and the bailee was negligent in its handling of the bailed item.
The level of care a bailee owes to the bailor depends on…
who the benefitting party in the bailment is.
To be an effective disclaimer or limitation of liability in a bailment,….
the bailor must know of, or should have known of, and assented to the contractual limitation.
Generally, a seller can transfer only title…
that they own.
Entrusting goods to a merchant who deals in goods of the kind gives the merchant….
power to transfer all rights of the entruster to a buyer in the ordinary course of business.
A buyer in the ordinay course of business is a person who…
buys in good faith and without knowledge that a sale to him is in violation of the ownership rights of a third party in the goods.
One may argue that a buyer did not purchase an item in good faith if they pay….
substantially less than the fair market value for the item.
A provision disclaiming liability for damage or losses while in another’s possession will be…
disfavored and generally not enforceable in Virginia.
A bailment relationship requires delivery by the bailor and…
consent by the bailee.
In a commercial relationship, the benefit of the bailment is generally considered to be…
mutual, so an ordinary standard of care applies.
Where parties enter into a bailment of mutual benefit, the bailee will be liable for damage or loss only if…
his actions constitute ordinary or gross negligence.
A gift causa mortis is one given…
in contemplation of death.
