Personal Property

Question 1

For abandoned property, who has ownership?

Answer 1

• personal property is where owner has voluntary given up possession with intent to give up title and control
• if yes, then finder who has possession has right and intent to assert title and control

Question 2

If personal property is mislaid, who has rights, except for the true owner?

Answer 2

owner or occupier of where personal property prevails over finder

Question 3

If personal property is lost, who has rights, except for the true owner?

Answer 3

Finder prevails over the owner or occupier of land
except:
- finder is trespasser
- master/servant
- highly private locus (not open to public - home/private office)

Question 4

For a valid inter-vivos gift requires?

Answer 4

1) donative intent to pass title (possession can occur later)
2) valid delivery
3) valid acceptance (implied by acceptance)
valid gift passes title

Question 5

Delivery requirement of an inter-vivos gift can be accomplished by:

Answer 5

1) handing over the personal property
2) donee is already in possession
3) transfer a representative of the object of the gift

Question 6

How is delivery of a check made out to donee accomplished to give personal property?

Answer 6

cashing of the check, not just possession

Question 7

If a donor gives possession of personal property to donee’s agent, when is delivery of the gift complete?

Answer 7

When handed to donee’s agent

Question 8

What are the requirements for a gift causa mortis?

Answer 8

apply rules of gifts inter-vivos (intent, delivery, acceptance)
additional:
1) donor needs to face a grave peril
2) how can it be revoked?

Question 9

How can a gift causa mortis be revoked?

Answer 9

1) can revoke any time prior to death by donor
2) donee predeceases donor
3) donor recovers (gift only valid if donor actually dies)

Question 10

When the donor dies from an cause that is something other than the peril that prompted the gift, does this cause a revocation?

Answer 10

No. It does not matter, so long as donor dies.

Question 11

Requirement for bailment of personal property?

Answer 11

Bailment when alleged bailee has taken over custody of a chattel with intent to serve as a bailee

Question 12

What is the standard for liability if chattel is destroyed during a bailment?

Answer 12

1) sole benefit of bailor then bailee is liable for gross negligence
2) sole benefit of bailee then bailee is liable for slight negligence
3) mutual benefit then bailee is held to ordinary care standard
- modern trend is to use ordinary care to all bailments

Question 13

Is there a valid donative intent by surrendering an instrument to a party on the instrument?

Answer 13

Yes. This discharges the party’s liability.

Do not need to write “cancelled” or “paid”

Question 14

Does delivery of a check satisfy the delivery requirement for gifts?

Answer 14

No. Mere manual delivery does not fulfill the delivery requirement.

Question 15

Can delivery of an indorsed check be accomplished by mere manual delivery?

Answer 15

Yes.

Normally checks are not delivered until presented to banks.

Question 16

Can gift causa mortis involve real property?

Answer 16

No - only applies to personal property.

Question 17

Does the failure to record a quitclaim deed to real property, received as a gift when the donor believes they are about to die, mean the the gift be revoked?

Answer 17

No. recording the deed does not effect the irrevocable gift.

Gifts causa mortis are not valid for real property

Question 18

May a petition in detinue for pretrial seizure of personal property be executed in one day?

Answer 18

Yes, even on a weekend or holiday.

Question 19

If an owner needs to immediately obtain possession of personal property what is needed to file?

Answer 19

1) petition in detinue for pretrial seizure of property

2) temporary injunction to enjoin transfer

Question 20

What must a petition in detinue describe?

Answer 20

kind, quantity, and estimated fair market value of the specific property that plaintiff seeks to possess

Bond posted (double the amount of the estimated fair market value)

Question 21

What is the jurisdiction requirement to bring an action to recover personal property in VA circuit court?

Answer 21

$100.

Question 22

Does a bona fide purchaser acquire title superior to that of the true owner of stolen property?

Answer 22

No.

Question 23

Who has superior right to a treasure trove, the finder or owner of land where found?

Answer 23

Finder superior right except the true owner.

Modern approach is to treat a lost property and superior rights are for the owner of land.

Question 24

A common carrier is considered an ____ of the goods given to it by the shipper.

Answer 24

insurer of the goods

common carrier is liable for loss or damage to goods

Question 25

Does a petition in detinue lie when the defendant’s original possession was unlawful?

Answer 25

No. Test only whether detention is unlawful, not whether the original possession was unlawful.