VA Personal Property

Question 1

Doctrine of emblements

Former tenants have the right to enter land to cultivate and remove crops that were planted before they terminated their interest in the land. Two requirements must be met for this to occur:

Answer 1

(i) the tenancy was for an undetermined period of time or was a life estate, and
(ii) the tenancy was terminated under conditions other than the tenant’s fault.

Question 2

An author’s written works are protected by copyright laws under federal statute. 17 U.S.C. § 301(a). In order for an author to seek protection, she must meet several requirements, including that:

Answer 2

i) The work must be in an actual form and not be a mere thought or idea for future work;
ii) The work must be original and new and not a reworked version of something old; and
iii) The work must be “fixed” in a tangible medium of expression for a significant period of time.

Question 3

Copyright Protections

Answer 3

(a) Protection under the copyright laws usually includes the owner’s lifetime plus 70 years.
(b) If the owner is anonymous* or was created for *hire (e.g., by an employee for her employer), the protection extends for the shorter of 95 years from publication or 120 years from the creation of the work.

Authors must properly register their copyrights. Until a work is registered, authors cannot bring a suit for copyright infringement. 17 U.S.C. §§ 302, 411.

Question 4

Gifts Inter Vivos Elements:

Answer 4

(i) the donor must have the mental capacity to make a gift,
(ii) the donor must have a present intent to make a gift,
(iii) the gift must be delivered to the donee or his agent, and
(iv) the donee must accept the gift.

The burden is on the donee to establish the existence of these elements by clear and convincing evidence. Grace v. Va. Tr. Co., 142 S.E. 378 (1928).

Question 5

Delivery can be accomplished in the following ways:

Answer 5

i) Actual physical delivery;
ii) Constructive delivery;
iii) Delivery in writing; and
iv) Symbolic delivery.

Question 6

Delivery in writing

Answer 6

If a donor

(i) clearly expresses written intent to give a gift,
(ii) clearly describes the subject being gifted,
(iii) signs the document, and
(iv) passes the writing out of his control with the intent that it reaches the grantee,

then that is a sufficient method of delivery. Snidow v. First Nat. Bank of Narrows, 16 S.E.2d 385 (Va. 1941).

Question 7

Bailment Elements

Answer 7

The bailee must:

i) Physically possess the property with the intent to exercise control over it;
ii) Consent to the bailment (mere custody of the property is insufficient); and
iii) Be aware that the article exists.

Question 8

bailor’s potential causes of action against the bailee:

Answer 8

• Conversion
• Negligence
• Breach of Contract