Personal Property Flashcards
Gift casuea mortis definition
a gift in contemplation of death.
When is a gift Caseau mortis completed?
When cashed
Gift caseau mortis is revoked if
the donee dies before the donor.
When is gift caseau mortis revoked? If revoked, who has claim?
the donee dies before the donor.
If so, administrator of estate has valid claim to gift
Personal property is abandoned when
owner of the property has the intent to abandon the property and manifests that intent.
How does person in possession of abandoned property acquire ownership rights in the property?
by exercising dominion and control over it
. The statute of limitations for bringing an action to recover personal property that has been adversely possessed is
5 years
Bailment occurs when
Owner of personal property (bailor$ delivers that property to another person (the bailee) to hold for a period of time.
How is a bailment by operation of law(quasi bailment) created?
When a person comes into possession of chattel and exercises physical control over it
How does constructive bailment differ from quasi bailment?
In quasi bailment, chattel has not been delivered by or with the permission of its owner to the bailee.
What kind of Bailee is the Bailee in a quasi bailment?
gratuitous bailee because the bailee is not compensated for serving as bailee.
Gratituitous Bailment
Bailor conveys possession to bailee for free..bailee is required to act with slight dilligence and avoid gross negligence
Misplaced/mislaid property definition
property that reasonably seems to have been intentionally placed in a particular location, but then appears to have been forgotten.
Who is entitled to ownership rights of discovered mislaid property
owner of the property on which the misplaced item was found is entitled to it when it cannot be returned to the rightful owner.
Mislaid property is property that reasonably seems to have been
intentionally placed in a particular location, but then appears to have been forgotten.
Owner of real property which the mislaid property was found has ownership rights over all except
True owner
What can mechanic do to enforce a statutory mechanic’s lien held by a mechanic for the cost of repairs to personal property made at the request of the property owner
If value of propery is less than $10k, mechanic can sell the property at auction without court involvement in order to recover the cost of the repairs, so long as the shop follows the statutory requirements.
What must Mechanic do if property exceeds $25k
must petition the circuit court for the county or city in which the property is located.
If he does not do so, sale can be stopped
For PERSONAL property to be adversely possessed, the possession must be
i) actual, (ii) open and notorious, (iii) hostile and adverse (without consent), and (iv) exclusive and continuous throughout the entire statutory period.
SOL for adversely possessed PERSONAL PROPERTY
Over 5 years bc destinue SOL is 5
.
Doctrine of emblements
a former tenant may enter land to cultivate and harvest crops that had been planted or were maturing at the time of the termination of the tenant’s lease, provided
(i) the tenancy was for an undetermined period of time or was a life estate, and (ii) the tenancy was terminated under conditions other than the tenant’s fault.
Requirements for a gift to be valid
1) donor must have the mental capacity to make a gift,
2) the donor must have a present intent to make a gift,
3) the gift must be delivered to the donee or his agent, and
4) the donee must accept the gift.
An employee who finds lost property while engaged in employment duties entitled to keep the property?
No, his employer is entitled to possession of the property.
An employee who finds lost property while engaged in employment duties entitled to keep the property?
No, his employer is entitled to possession of the property.
How are distribution of goods determined when there has been a confusion of goods making it impossible to ascertain the share of each contributor in the confused goods is entitled to how much of the goods?
each contributor is treated has having an equal share of the goods if the confusion was innocent.
If the confusion was wrongfully caused, the contributor who wrongfully caused confusion has burden to establish
Her share of goods
If this contributor who wrongfully caused confusion cannot not do so, then the portion of the goods that cannot be allocated is divided
Equally among innocent contributors
To what is extent of liability is A bailee who delivers the property that is the subject to the bailment to the wrong party
Strictly liable
What kind of bailee is bailee when the bailment is solely for the benefit of the bailee. Duty of care?
Gratititous bailee and required to act with great diligence, and will be liable for even slight negligence.
