Personal Proprety

Question 1

When is a limitation of liability (e.g., on a claim ticket) enforceable?

Answer 1

The bailor must know of (or should have known of) the contractual limitation and assent to it

July 2014

Question 2

What are a bona fide purchasers rights in stolen goods?

Answer 2

A BFP of stolen goods is not protected against the claim of the owner (unless SOL has run, but since possession presumed to be secret, probably not)
* A thief cannot take good title as against the rightful owner

Feb 2014

Question 3

What are the elements of a claim of detinue?

Answer 3

(1) P must have title and right to immediate possession
(2) Chattel must be of some value
(3) Chattel must be capable of identification
(4) D must have had possession at some time prior to institution of the suit

Note that this is an action at law, not equity

Feb 2014, July 2016

Question 4

What is required for a bailment?

Answer 4

The bailee must possess the property, which entails: (1) physical custody over the property with (2) an intent to exercise control
* Bailee must consent (other than lost/mislaid property)
* Bilee must have actual or contructive knowledge of article present

July 2015

Question 5

What must be shown for a valid gift causa mortis?

Answer 5

(1) Donative intent
* CHECK PRESENT MENTAL CAPACITY

(2) Delivery to donee
(3) Acceptance by donee
(4) Donor faces fair degree of certainty or likelihood that death is imminent and likely to occur AND
(5) The gift is not revoked before death
* Donor must die, but need not die from precise cause of death concerned about