Personal Property

Question 1

Personal property definition

Answer 1

Rights in movable objects

Question 2

How are rights in personal property defined?

Answer 2

By the manner in which objects are acquired

Question 3

Chattels

Answer 3

Tangible personal property

Question 4

Ways of Acquisition

Answer 4

1. capture
2. find
3. adverse possession
4. gift
5. bailment
6. theft
7. purchase

Question 5

rule of capture

Answer 5

1. established in Pierson v. Post

2. ferae naturae is acquired by occupant

Question 6

occupancy

Answer 6

• deprive property of natural liberty and render escape virtually impossible

Question 7

what kind of security against escape does occupancy require?

Answer 7

requires reasonable security against escape, not absolute

Question 8

what are the limits for capture (at most v. at least)?

Answer 8

• at least mortally wounding from a distance

- at most physical possession

Question 9

Is pursuit of animal enough for possession?

Answer 9

No

Question 10

Who has superior right of capture?

Answer 10

LO

Question 11

Who is not subject to rule of capture?

Answer 11

Domesticated animals

Question 12

Categories for found property

Answer 12

1. lost
2. mislaid
3. abandoned
4. treasure trove

Question 13

Lost definition

Answer 13

unintentionally or involuntarily parts with it

Question 14

Lost finder’s rights

Answer 14

1. finder of property has right against all but rightful owner or previous finder
2. does not include right to sell = obligated to hold onto it and take care of it
3. true owner > first finder (good faith finder or thief) > second finder > third finder

Question 15

LO’s right to lost property found on land

Answer 15

1. Possesses everything attached to or under land
2. Does not necessarily possess unattached thing on surface of land
3. Superior claim to lost property against finders who are trespassers or hired workers

Question 16

Trover

Answer 16

P seeks damages

Question 17

Replevin

Answer 17

P seeks possession of personal property

Question 18

Mislaid definition

Answer 18

Voluntarily/knowingly places somewhere but forgets

Question 19

Mislaid finder’s rights

Answer 19

Stays where found = owner of property where found has rights over finder

Question 20

Abandoned definition

Answer 20

Knowingly relinquishes all right to property

Question 21

Abandoned finder’s rights

Answer 21

1. If you put labor into abandoned property, it becomes yours
2. Property ceases to be abandoner’s property when abandoned = becomes wild property

Question 22

Treasure trove definition

Answer 22

Conceals property in hidden location long ago

Question 23

What do you have to do to own property (majority)?

Answer 23

Advertise

Question 24

What can bar later action by true owner?

Answer 24

subsequent possessor’s full payment to finder

Question 25

Winkfield Doctrine

Answer 25

Once D has paid his court-mandated judgment = he is owner

Question 26

Gift definition

Answer 26

Immediate transfer of property rights from donor to donee without consideration

Question 27

Inter vivos gift

Answer 27

Ordinary gift of personal property one living person makes to another

Question 28

Inter vivos requirements

Answer 28

1. donative intent 2. delivery 3. acceptance

Question 29

Inter vivos revocability

Answer 29

Irrevocable

Question 30

Donative intent

Answer 30

Donor must intend to make an immediate and irrevocable transfer

Question 31

Delivery

Answer 31

Property must be delivered to the done so that the donor parts with dominion and control

Question 32

Types of delivery

Answer 32

1. manual 2. constructive 3. symbolic

Question 33

Manual

Answer 33

- Physical transfer of item | - Required if practicable

Question 34

Constructive

Answer 34

- Physical transfer of object that provides access to gift | - Allowed if manual delivery is impracticable or impossible

Question 35

Symbolic

Answer 35

- physical transfer of object that represents or symbolizes gifted item - allowed only if manual delivery is impracticable or impossible

Question 36

Acceptance

Answer 36

- Donee must accept the property | - Acceptance of valuable item is usually presumed

Question 37

When is a gift of check completed?

Answer 37

Not until bank accepts it

Question 38

Majority engagement ring

Answer 38

conditional gift = must be returned to giver

Question 39

Minority engagement ring

Answer 39

person not at fault for broken engagement gets to keep it

Question 40

Gift causa mortis

Answer 40

gift of person property made by living person in contemplation of her death

Question 41

Gift causa mortis revocability

Answer 41

Revocable

Question 42

Different cause of death

Answer 42

some jurisdictions = gift still effective if donor doesn’t die from contemplated peril if 1. death occurs within same approximate time frame OR 2. cause of death is related to anticipated peril

Question 43

Gift causa mortis elements

Answer 43

1. donative intent 2. delivery 3. acceptance 4. donor's anticipation of imminent death

Question 44

When is gift causa mortis effective

Answer 44

Immediately, when gift is made

Question 45

Bailment roles

Answer 45

1. bailor | 2. bailee

Question 46

Bailor

Answer 46

owner of property

Question 47

Bailee

Answer 47

possessor of property

Question 48

Types of bailment

Answer 48

1. for mutual benefit 2. for primary benefit of bailee 3. for primary benefit of bailor

Question 49

Mutual benefit - Duty

Answer 49

Bailee has duty to take reasonable care of bailor’s property

Question 50

Primary benefit of bailee - Duty

Answer 50

Bailee is required to take extraordinary care of bailor’s property

Question 51

Primary benefit of bailor - duty

Answer 51

Bailee is required to take ordinary care of bailor’s property (no gross negligence or bad faith)

Question 52

What does adverse possession not apply to?

Answer 52

Does not apply to intangibles

Question 53

Adverse possession elements

Answer 53

1. Actual 2. Exclusive 3. Open and notorious 4. Adverse and hostile 5. Continuous 6. For the statutory period

Question 54

Discovery rule (adverse possession)

Answer 54

Owner knows of or with exercise of reasonable diligence should have known of the cause of action and identity of claimant

Question 55

Transfer doctrine (adverse possession)

Answer 55

Person with voidable title can transfer good title to a good faith purchaser for value in some circumstances