Personal Property Flashcards
a person obtains title to a wild animal when he deprives it of its natural liberty and brings it under his _____ _______
certain control
the first person to ______ or ____ a wild animal acquires ownership/title to it
capture or kill
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
The Rule of Capture under Pierson v. Post:
Whether an animal is ______ or not depends on the category of animal, not on whether a particular animal is domesticated
wild
To ______ a wild animal, one must exert “certain control” over the animal
capture
Certain control does not mean 100% absolute control with no possibility of escape
Certain control means it is _________ impossible for the animal to escape
practically
The Rule of Capture applies only to ______ animals
wild
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
pre-possessory
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
The Law of Finders
When the owner unintentionally and involuntarily parts with it through neglect or inadvertence and does not know where it is
Lost property
When the owner voluntarily puts it someplace, intending to retain ownership, but then fails to reclaim it or forgets where she put it
Mislaid property
When the owner intentionally and voluntarily relinquishes all right, title and interest to it
Abandoned property
When the owner intentionally concealed gold, silver, currency or other valuables in a secret place in the distant past
Treasure trove
the rightful possession of goods (a/k/a chattels or personal property) by one who is not the owner
Bailment:
the person who delivers the chattel
Bailor:
the person who receives the chattel
Bailee:
The _____________of care owed by the bailee depends on the type of bailment
duty/standard
Mutual benefit of the bailor and bailee
Primary benefit of the bailor
Primary benefit of the bailee
Types of bailments
Duty to take reasonable care / ordinary negligence standard
Mutual benefit of bailor and bailee
Gross negligence or bad faith standard
Primary benefit of bailor
Duty to take extraordinary care / “slight” negligence standard
Primary benefit of bailee
Under the common law analysis, whichever type of bailment was created, if the bailee misdelivered the property, the bailee is ______ ______ for the loss.
strictly liable
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
lost
A finder is subject to liability only for acts of ________ _______ or bad faith
gross negligence
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.
Benefit of bailor
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.
Benefit of bailee
Under the common law analysis, whichever type of bailment was created, if the bailee misdelivered the property, the bailee is ___________ for the loss.
strictly liable
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
gross negligence
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
Rules for Found Property
