Personal Property

Question 1

How does someone establish possession over a wild animal

Answer 1

Through capture, which demonstrates that the person exercises dominion and control over the animal. Mere pursuit does not count.

Question 2

What factors does a court consider when determining whether chattels have been converted to real property

Answer 2

whether the chattel can be easily removed; the adaptation of the chattel to the use to which the realty is devoted; and the intent of the owner to make the chattel part of the realty or land.

Question 3

How does an author establish that she has created new work

Answer 3

the work must be in actual form and not be a mere thought or idea for future work; the work must be original and new and not a reworked version of something old; and the work must be fixed in a tangible medium of expression for a significant period of time.

Question 4

How long is a copyrighted work protected for

Answer 4

The owners life plus 70 years. If the author is unknown, protection is the shorter of 95 years from publication or 120 years from creation.

Question 5

Can an author bring suit for copyright infringement if they have not registered their copyright

Answer 5

No.

Question 6

Can a bona fide purchaser of converted property obtain title

Answer 6

Yes, if they lacked notice of the conversion and (1) the property is money or a negotiable instrument (2) the converter acquired title by fraud in the inducement or (3) the true owner entrusted goods to a seller of that kind and the purchase is a buyer in the ordinary course of the seller’s business

Question 7

What are the elements of conversion

Answer 7

The plaintiff must have clear legal ownership or right to possess the property at the time of conversion and the defendant must have obtained the property through a wrongful act or by disposition of the plaintiff’s property right.

Question 8

Can someone obtain title through accession

Answer 8

Yes, if the trespasser acted in good faith and the newly added chattel cannot be detached from the property

Question 9

What is tacking

Answer 9

Tacking is when possessors of land in adverse possession merge their respective periods of possession when there is privity (the property is sold, given, or bequeathed to the next owner).

Question 10

What are the requirements for a gift

Answer 10

The donor must have had the mental capacity to make a gift, the present intent to make the gift, the gift must be delivered to the donee or his agent, and the donee must accept. The burden is on the donee to establish these elements.

Question 11

Can a gift be conditional

Answer 11

Yes, these are known as gift in praesenti with a postponed right of enjoyment.

Question 12

Can transfer of a gift be conditioned on death of the donor

Answer 12

Yes

Question 13

What is delivery for purposes of a gift

Answer 13

The decisive factor in determining delivery is whether the putative donor retains the power to reclaim the property delivery can be accomplished through: physical delivery, symbolic delivery, delivery in writing, or constructive delivery.

Question 14

What constitutes delivery in writing

Answer 14

A donor must expressly state written intent to give a gift, describe the subject being gifted, sign the document, and pass the writing out of his control with the intent that it reaches the grantee.W

Question 15

What are the elements of a gift causa mortis

Answer 15

mental capacity, present intent, delivery, acceptance, made in anticipation of impending death.

Question 16

How can a gift causa mortis be revoked

Answer 16

Survival of the donor, donee predeceasing the donor, affirmative act of the donor.

Question 17

What are the three remedies for deprivation of personal property

Answer 17

detinue, trespass, trover

Question 18

What is detinue

Answer 18

Detinue is an action taken to recover the actual property or chattel

Question 19

What is trespass

Answer 19

Trespass is an action to recover monetary damages incurred by reason of lack of possession

Question 20

How is a bailment created

Answer 20

A bailment is created when a chattel is lawfully delivered by or with permission of its owner to the person who accepts possession of the chattel

Question 20

What is trover

Answer 20

Trover is an action to recover the value of the property or chattel in addition to damages (trespass + detinue)

Question 21

What is a quasi bailment

Answer 21

A quasi bailment occurs when a person comes into possession of chattel and exercises physical control over it. This differs from a true bailment because the chattel has not been delivered by or with the permission of its owner to the bailee.

Question 22

What are the elements of a bailment

Answer 22

The bailee must physically possess the property with the intent to exercise control over it, must know of its existence, must consent.

Question 23

What is the standard of care for a bailment that only benefits the bailor

Answer 23

Slight diliegence

Question 24

What is the standard of care for a mutual beneficial bailment

Answer 24

Ordinary care

Question 25

What is the standard of care for a gratuitous bailment

Answer 25

Great diligence

Question 26

When is a bailee absolutely liable

Answer 26

Bailees are absolutely liable if they stray from the conditions of the bailment such as to use the goods for a different purpose than agree to, moving the property from an agreed place of storage, failing to redeliver the goods in the condition in which they were bailed after expressly or impliedly agreeing to insure the goods and failing to do so.

Question 27

What happens if a bailee redelivers the goods to the wrong party

Answer 27

The bailee is strictly liable for conversion

Question 28

When can a bailor commence an action against a third party

Answer 28

When a bailment is for a definite time, a bailor cannot maintain an action for trover or detinue during the life of the bailment against a person who converts the property. The bailor can maintain an action against a 3P if the bailment has been terminated.

Question 29

What actions can a bailor bring against a bailee

Answer 29

Conversion, breach of contract, and tort.

Question 30

How can a bailment be terminated

Answer 30

Agreement or conduct of the parties

Question 31

What is the statute of limitations for adverse possession of personal property

Answer 31

5 years

Question 32

Is tacking permitted for adverse possession of personal property

Answer 32

Yes

Question 33

Define misplaced property

Answer 33

Property that reasonably seems to have intentionally been placed in a particular location, but appears to have been forgotten

Question 34

Define treasure trove

Answer 34

Property that is concealed and is anticipated to be recovered at a later time

Question 35

Who has possession over lost property

Answer 35

The person who finds the lost property, unless the finder was trespassing or the true owner is identified. When items are found in a highly private location where the public is not invited, the owner of that location will retain possessory rights over the find.

Question 36

Who has possession over misplaced property

Answer 36

The finder of misplaced property does not obtain possession of the property, and the finders right to the misplaced property falls after that of the original owner and the owner of the property on which the misplaced item was found.

Question 37

When is property abandoned

Answer 37

When the owner has the full intention to leave the property and give up title and possession to it

Question 38

When is unowned property captured

Answer 38

When an individual manifests the intent to own by exercising actual or constructive dominion or control

Question 39

When is unowned property captured

Answer 39

When an individual manifests the intent to own by exercising actual or constructive dominion or control