Personal Property

Question 1

The finder of lost articles is the owner “against all the world” …

Answer 1

… Except for its owner

Question 2

An object deposited on the soil through natural processes is a part of that soil, not a moveable object.

Answer 2

The rule in Goddard v. Winchel

Question 3

When property is lost, abandoned, or without an owner, occupation or possession of it requires …

Answer 3

… an actual taking of [property] with the intent to possess it.

Question 4

Indicating intent to appropriate property does not constitute possession; persistent efforts to retrieve and guard the property does.

Answer 4

The rule in Eads v. Brazelton

Question 5

The finder of lost property has a title superior to all but the true owner.

Answer 5

The rule in Armory v. Delamirie

Question 6

When lost property is found in a shop, the finder’s claim to the property is greater than that of all but the true owner, including the shop-owner

Answer 6

The rule in Bridges v. Hawkesworth

Question 7

The definition of “trover”

Answer 7

A suit to recover the value of the plaintiff’s chattel that the defendant has converted

Question 8

Where a person has possession of land with a manifest intent to exercise control over it and the things on or in it, he is presumed to also possess anything found on that land.

Answer 8

The rule in South Staffordshire Water Co. v. Sharman

Question 9

When property is found in a house whose owner did not have prior possession or control of it, that property belongs to …

Answer 9

… the finder of the property within the house

Question 10

Where a house owner has had no prior possession or control over property lost in his house, the property belongs to its finder not the house owner.

Answer 10

The rule in Hannah v. Peel

Question 11

A finder has no title to …

Answer 11

… property that is mislaid

Question 12

A finder has no title to property that is mislaid.

Answer 12

The rule in Macavoy v. Medina

Question 13

The definition of “replevin”

Answer 13

An action an owner may use to recover goods from one who has wrongfully taken them

Question 14

When the statute of limitations for an action for replevin of property has run, the original owner of the property cannot circumvent the statute by physically repossessing the converted or taken property.

Answer 14

The rule in Chapin v. Freeland

Question 15

A cause of action for replevin accrues …

Answer 15

… once the injured party discovers—or should have discovered—facts that form the basis of the cause of action.

Question 16

The statute of limitations for replevin does not accrue until the injured party discovers, or should have discovered, that the chattel was missing.

Answer 16

The rule in O’keefe v. Snyder

Question 17

UCC § 2-403 requires that …

Answer 17

… a good-faith purchaser of ART be concerned with a seller’s status as a merchant and their authority to sell the ART.

Question 18

Transferring possession of property, without more, is not sufficient …

Answer 18

… to equitably estop an owner from asserting their title against a purchase in good-faith

Question 19

1) an ART purchaser is not a good-faith purchaser if they don’t care who’s selling it to them and their authority to do so—according to UCC § 2-403
2) an owner of ART can still assert title against a good-faith purchase

Answer 19

The rule in Porter v. Wertz

Question 20

Buyers beware: state law may prevent a bona-fide purchaser from taking good title to a motor vehicle if…

Answer 20

… the seller has no motor vehicle title certificate

Question 21

A person with only voidable title cannot pass good title to a motor vehicle to a bona-fide purchaser for value if he does not have a Certificate of Title, because his voidable title is not perfected until he has the certificate.

Answer 21

The rule in Sheridan Suzuki, Inc. v. Caruso Auto Sales

Question 22

Promises to give a gift later are …

Answer 22

… unenforceable as contracts: 1) because there is no consideration, 2) to allow donors to re-think impuse decisions, and 3) because delivery helps disprove false claims

Question 23

A gift is valid if accompanied by an instrument of gift and proof of the intent to make a gift, and the property need not be delivered at that time, if there is a reasonable and satisfactory excuse.

Answer 23

The rule in In re Cohn

Question 24

Donors may make living gifts while reserving the right to keep the item for their lifetime

Answer 24

The rule in Gruen v. Gruen

Question 25

While inter vivos (living) gifts should ideally involve a transfer on the spot …

Answer 25

… courts will sometimes recognize a valid transfer even when the item is not delivered immediately.

Question 26

If a person gives an engagement ring, but then breaks off the wedding, must the donee return the ring?

Answer 26

Restatement of Restitution § 58: (No.) gifts made in the hope of marriage are not recoverable, absent fraud or fault by the donee.
Some jurisdictions: (Yes.) An engagement ring is a gift conditional on the marriage actually occurring

Question 27

In Pennsylvania, engagement rings must be returned to the donor any time the marriage does not occur.

Answer 27

The rule in Lindh v. Surman

Question 28

Constructive delivery may be inferred if:
i) donative intent is proven by concrete, undisputed evidence
ii) the donor intended to transfer possession immediately, and
iii) the donor took steps they believed sufficient to effectuate transfer

Answer 28

The rule in Scherer v. Hyland

Question 29

Constructive delivery of a causa mortis gift is valid in some jurisdictions if:
1), 2), 3).

Answer 29

1) undisputed evidence concretely proves donative intent,
2) the donor intended to transfer possession immediately, and
3) the donor believed that the steps they took to do so were valid

Question 30

Definition of “involuntary bailment”

Answer 30

Where a finder of mislaid property has a right to the property, and a duty to hold onto it until the true owner comes back for it.

Question 31

Definition of “voluntary bailment”

Answer 31

Where the owner of property voluntarily surrenders control, but with no intention to surrender control for all time.

Question 32

Four elements to establish adverse possession of land

Answer 32

1. Continuity
2. Open/Notorious
3. Actual possession,
4. Hostility
   (all based on the objective standard)