Property Law Personal Property

Question 1

Transfer of Title (By Sale vs By Gift): Title is transferred for a consideration known as the price

Answer 1

By Sale

Question 2

Transfer of Title (By Sale vs By Gift): Title passes when the parties intend it to pass

Answer 2

By Sale

Question 3

Transfer of Title (By Sale vs By Gift): A transfer without consideration

Answer 3

By Gift

Question 4

Transfer of Title (By Sale vs By Gift): Requires the intent of the donor to make this type of transfer

Answer 4

By Gift

Question 5

Transfer of Title (By Sale vs By Gift): Requires delivery (actual or constructive)

Answer 5

By Gift

Question 6

Transfer of the Title (By Sale by Gift): Requires acceptance by the donee

Answer 6

By Gift

Question 7

Types of Gifts (Inter Vivos Gift vs Gift Causa Mortis): Gifts made during the donor’s lifetime

Answer 7

Inter Vivos Gift

Question 8

Types of Gifts (Inter Vivos Gift vs Gift Causa Mortis): Gifts made in contemplation of imminent death

Answer 8

Gift Causa Mortis

Question 9

Gifts Causa Mortis Revoked : the donor does die, the donor does not die, the donee dies before the donor, legal binding documentation

Answer 9

Revoked if:
The donor does not die.
The donee dies before the donor.

Question 10

Constructive delivery: A person verbally promises to give their car to a friend.

Answer 10

Nonexample: Symbolic delivery where physical delivery isn’t possible

A person verbally promises to give their car to a friend but does not provide the keys, title, or any symbolic representation of ownership. In this case, there is no constructive delivery because nothing tangible or symbolic has been delivered to signify ownership.

Question 11

Constructive delivery: person gives the key to a car to symbolize ownership transfer because the car is located in another state.

Answer 11

Example: Symbolic delivery where physical delivery isn’t possible

Constructive delivery: person gives the key to a car to symbolize ownership transfer because the car is located in another state. The act of handing over the key symbolizes constructive delivery of the car.

Question 12

Rule on conditional gifts

Answer 12

Generally not allowed
Exception: engagement gifts (conditional upon marriage)

Question 13

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): common with wild animals

Answer 13

By Capture

Question 14

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Actual possession (dead or alive) of animal is required for ownership

Answer 14

By Capture

Question 15

Case Pierson v Post was an ex of what Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes):

Answer 15

-1805
-by capture
-mere pursuit of an wild animal does not confer ownership

Question 16

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Finder requires title if the property is intentionally disposed of

Answer 16

Abandoned Property

Question 17

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes):
Example: If someone gives up searching for a lost watch and a finder acquires ownership

Answer 17

Abandoned Property

Question 18

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Objected under the soil belong to the landowner

Answer 18

Embedded Objects

Question 19

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Case Goddard v Winchell

Answer 19

-Embedded Objects
-1892
-A meteorite that landed on property became part of the land and was awarded to the landowner

Question 20

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Hidden coins or currency, long enough that the original owner is likely dead or undiscoverable

Answer 20

Treasure Trove

Question 21

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Finder has claim unless the true owner is identified

Answer 21

Treasure Trove

Question 22

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Encourage the return of lost property to the true owner

Answer 22

Estray Statutes

Question 23

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Requires written notice to authorities

Answer 23

Estray Statutes

Question 24

Possession (By Capture, Abandoned Property, Embedded Objects, Treasure Trove, Estray Statutes): Requires public notice or advertisements

Answer 24

Estray Statutes