Personal Property

Question 1

Elements for a valid gift (inter vivos)

Answer 1

(1) Donor must have mental capacity to make a gift; (2) donor must have a present intent to make a gift; (3) the gift must be delivered; and (4) the donee must accept the gift

Question 2

Gift Causa Mortis

Answer 2

Same as inter vivos gift except it must be given under apprehension of death and a gift causa mortis is revocable.

Question 3

How to revoke gift causa mortis?

Answer 3

Affirmative act of donor; survival of donor; or donee predeceasing donor

Question 4

Bailee Standard of Care

Answer 4

Benefit of Bailor only - duty of slight care (only gross negligence breaches)

Mutual Benefit - Duty of ordinary care (negligence breaches)

Benefit of Bailee only - Duty of great diligence (liable for slight negligence)

Question 5

Proving a prima facie bailment

Answer 5

Delivery of item and acceptance by bailee

Question 6

Finder of lost property

Answer 6

entitled to keep it, unless trespassing or the true owner is identified

Question 7

Finder of Misplaced property

Answer 7

Does not obtain possession, the original owner has rights over the finder, as does the owner of the property where the item is found

Question 8

When is a bailee strictly liable to a bailor?

Answer 8

(1) when they stray from the conditions of the bailment;
(2) when the bailee delivers the goods to the wrong party