Personal Property

Question 1

a person obtains title to a wild animal when he deprives it of its natural liberty and brings it under his _____ _______

Answer 1

certain control

Question 2

the first person to ______ or ____ a wild animal acquires ownership/title to it

Answer 2

capture or kill

Question 3

Killing or capturing a wild animal = ownership
Mortally wounding a wild animal = ownership (probably)
Anything less than mortally wounding does NOT = ownership
The Rule of Capture applies only to wild animals

Answer 3

The Rule of Capture under Pierson v. Post:

Question 4

Whether an animal is ______ or not depends on the category of animal, not on whether a particular animal is domesticated

Answer 4

wild

Question 5

To ______ a wild animal, one must exert “certain control” over the animal

Answer 5

capture

Question 6

Certain control does not mean 100% absolute control with no possibility of escape
Certain control means it is _________ impossible for the animal to escape

Answer 6

practically

Question 7

The Rule of Capture applies only to ______ animals

Answer 7

wild

Question 8

The_____________ interest arises when a person takes significant steps to possess a thing but falls short of actual possession because of the unlawful acts of others

Answer 8

pre-possessory

Question 9

Rights of the finder and other claimants depend on:
How the property is categorized
Where the item is found
The identity of the finder and the other claimants

Answer 9

The Law of Finders

Question 10

When the owner unintentionally and involuntarily parts with it through neglect or inadvertence and does not know where it is

Answer 10

Lost property

Question 11

When the owner voluntarily puts it someplace, intending to retain ownership, but then fails to reclaim it or forgets where she put it

Answer 11

Mislaid property

Question 12

When the owner intentionally and voluntarily relinquishes all right, title and interest to it

Answer 12

Abandoned property

Question 13

When the owner intentionally concealed gold, silver, currency or other valuables in a secret place in the distant past

Answer 13

Treasure trove

Question 14

the rightful possession of goods (a/k/a chattels or personal property) by one who is not the owner

Answer 14

Bailment:

Question 15

the person who delivers the chattel

Answer 15

Bailor:

Question 16

the person who receives the chattel

Answer 16

Bailee:

Question 17

The _____________of care owed by the bailee depends on the type of bailment

Answer 17

duty/standard

Question 18

Mutual benefit of the bailor and bailee
Primary benefit of the bailor
Primary benefit of the bailee

Answer 18

Types of bailments

Question 19

Duty to take reasonable care / ordinary negligence standard

Answer 19

Mutual benefit of bailor and bailee

Question 20

Gross negligence or bad faith standard

Answer 20

Primary benefit of bailor

Question 21

Duty to take extraordinary care / “slight” negligence standard

Answer 21

Primary benefit of bailee

Question 22

Under the common law analysis, whichever type of bailment was created, if the bailee misdelivered the property, the bailee is ______ ______ for the loss.

Answer 22

strictly liable

Question 23

When a ____ item is found, a constructive bailment for the primary benefit of the bailor (the one who lost the property) is created; the finder is the bailee

Answer 23

lost

Question 24

A finder is subject to liability only for acts of ________ _______ or bad faith

Answer 24

gross negligence

Question 25

A bailor receives the sole benefit from a bailment when a bailee acts gratuitously

Example: If you go on vacation and leave your dog with a neighbor, your neighbor is acting as a bailee for your benefit (unless you pay the neighbor; that changes the facts). Assuming no payment, the neighbor is only liable if the neighbor is grossly negligent or acts in bad faith.
Example: A restaurant (bailee) that provides an attended coatroom free of charge to its customer (bailor), is responsible for gross negligence or bad faith.

Answer 25

Benefit of bailor

Question 26

A bailment is created for the sole benefit of the bailee when a bailor acts gratuitously

Example: If your neighbor borrows your lawn mower, your neighbor is legally obligated to take extraordinary care of it. Your neighbor must return the lawn mower in the same condition that he received it. Your neighbor is responsible for virtually any damage he causes.
Example: A library patron (bailee) that borrows a book from a library (bailor) is responsible for losses resulting from even slight negligence.

Answer 26

Benefit of bailee

Question 27

Under the common law analysis, whichever type of bailment was created, if the bailee misdelivered the property, the bailee is ___________ for the loss.

Answer 27

strictly liable

Question 28

When a lost item is found, a constructive bailment for the primary benefit of the bailor (the one who lost the property) is created; the finder is the bailee
A finder is subject to liability only for acts of _______ ________ or bad faith

Answer 28

gross negligence

Question 29

The true owner wins except when the property is abandoned
Abandoned property – finder usually wins
Lost property – finder usually wins (except against the true owner)
Mislaid property – the owner of the premises where the item was found usually wins
Trespassing finders usually lose
Employee finders usually lose
In the case of a finder verses a privatelandowner, the landowner usually wins

Answer 29

Rules for Found Property