Personal Property Topics

Question 1

Rights of Finders of Property

Answer 1

if value under $20, search owner for a year and then keep if not found. If value is above $20, give to police.

Question 2

Gifts

Answer 2

inter vivos = given during the lifetime of the owner.

1. donor has to have intent
2. there has to be an acceptance (silence = acceptance)
3. there needs to be valid delivery (Turning over of property)

gift causa mortis = given in contemplation of death

1. gift is only final if there is imminent risk of death that’s highly unlikely and the donor dies
2. not valid if donee dies first (LOL)

Question 3

Liens

Answer 3

There has to be a debt associated with services and the debtor still owns the item but the creditor still has lawful possession.

1. General Lien - i.e. hotel room belongings
2. Special Lien - auto mechanic

Question 4

Bailments

Answer 4

When you surrender possession of an item for limited time or possession (Anytime you lend someone something)
4 common bailment issues
1. an item inside another item (i.e. an item in a car you put in the garage trunk)
2. safe deposit box. (irrespective of item)
3. garages
4. ooat checks