VA Personal Property Essays Rule Statements

Question 1

duty of bailee

Answer 1

duty to exercise ordinary due care, burden of proving negligence on bailer

Question 2

bailment requires

Answer 2

physical possession and intent to exercise control

Question 3

elements of effective bailment

Answer 3

knowledge of the presence of the bailed item, intended to make a bailment

Question 4

one who does not have title to goods cannot pass good title even to a

Answer 4

BFP

Question 5

treasure trove

Answer 5

any gold or silver found concealed, the owner of which is unknown, modern trend treated as lost property

Question 6

constructive possession

Answer 6

owner of real property possesses all that lies beneath the sruface of his land

Question 7

the finder of mislaid property

Answer 7

does not acquire rights to possesoin, the owner of the land here it was found gets it

Question 8

a common carrier

Answer 8

undertakes for hire to transport persons or goods from place to place

Question 9

3 requirements for common carrier law

Answer 9

1) holding out to perform a service
2) for hire
3) for carriage

Question 10

common carrier law

Answer 10

common carrier is considered an insurer of the goods given to it by the shipper, so liable for loss or damage except if the loss is due to an act of state, and act of the shipper, or the inherent nature of the goods

Question 11

liability for common carriers commences when, and ends when

Answer 11

the goods are delivered to the carrier and accepted for immediate transportation, ends when delivered

Question 12

bailment for sole benefit of the bailor

Answer 12

slight duty of care, not liable absent gross negligence

Question 13

sums remaining on deposit at the death of. a party to a join account belong to

Answer 13

the sruviving party as against the estqate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created

Question 14

to show a valid inter vivos gift was intended

Answer 14

clear and convcingin evidence that

1) the donor had present donative intent
2) the gift was delivered, the donee received dominion and control over the subject matter of the gift
3) acceptance of the gift by the donee

Question 15

gift causa mortis

Answer 15

donative intent, delivery, acceptance, and donor must be in contemplation of imminent death

Question 16

shares of a company are

Answer 16

personal property

Question 17

basic ways of accomplishing delivery

Answer 17

physical, constructive, symbolic

Question 18

constructive delivery

Answer 18

handing over of the means of obtaining possession and control or in some other way relinquishing dominion and coontrol ofver the property, permitted where actual manual delivery is impossible or impractixable.

Question 19

symbolic delivery

Answer 19

written instrument or deed of gift that manifests donative intent

Question 20

when the gift is beneficial to the donee

Answer 20

acceptance is presumed

Question 21

the donor may intend to immediately vest title in the donee but reserve

Answer 21

but reserve the right of possession until some future date

Question 22

a donee may refuse to accept a gift by

Answer 22

an affirmative act

Question 23

when stolen property is found by a third party, a constructive ____ arises

Answer 23

bailment

Question 24

bailment

Answer 24

relationship created by the transfer of possession of personal property by the bailor to the bailee for the accomplishment of a certain purpose

Question 25

abandoned property is property that

Answer 25

the owner has voluntarily relinquished all ownership of without reference to any particular person or purpose

Question 26

to show that property was abandoned, it is necessary to show

Answer 26

an intent to give up both title an possession

Question 27

accession

Answer 27

addition of value to property by expenditure of labor or the addition of new materials, if addition can be detached from principal chattel, thta will be ordered and each party put in.status quo ante, if not, determination of owenship depends on whether the trespasser acted in good faith or was a willful trespasser

Question 28

where an innocent trespasser adds value tot he original owner’s chattel, the general urle is

Answer 28

original owner retains title, trespasser cannot sue for compensation. HOwever, when increase in value is sog reat that it would be unfair, oriignla owner is limited toa. cause of action for daamges

Question 29

willfult trespasser cannot gain any rights of ownership in the property he has

Answer 29

enhanced in value, original owner is entitled to the property

Question 30

title to abandoned chattel is acquired by

Answer 30

1) actual or constructive dominion and control over the thing
2) an intent to assert ownership over it

Question 31

bailee acquires ____ but not _____

Answer 31

right to possession in accordance with terms of bailment, but no transfer of title

Question 32

to establish a prima facie case against a bailee, a bailor must show

Answer 32

property was delivered to bailee and bailee failed to return the property or returned the property in damaged condition

Question 33

when bailment is gratutitous

Answer 33

slight diligence required, liabilty is ofund for gross negligence, but absolutely liable for intentional unauthorized use that results in loss or daamage, absolutely liable as a converter when he departs from the terms of the bailment, or if he removes it from agreed place of storage to anotehr without consent or knowwledge

Question 34

a constructive bailment is created when a person lawfully acquires possession of another’s personal property, other than by a bailment contract, and

Answer 34

holds it under such circumstances that the law imposes on him the obligation to keep the property safe and redeliver it to its owner

Question 35

a professional bailee may not exempt himself from liability for his own negligence but may

Answer 35

limit his liability

Question 36

surrender of an instrument to a party on the instrument

Answer 36

discharges that party’s liability on the instruemtn

Question 37

if a promissory note has been drawn in favor of the donor, and the donor makes a gift of that promissory note

Answer 37

valid gift

Question 38

delivery of a check made by the donor does not fulfill the delivery requirement

Answer 38

bank gotta cash it

Question 39

a bank may honor a check if the checl is presented within ___ days after it learns of its customers death

Answer 39

10

Question 40

delivery of a check of another

Answer 40

represents a form of contract right given by another, and fulfills delivery requirement.

Question 41

gifts causa mortis are revoked

Answer 41

if the donor recovers, or if they revoke it before death

Question 42

gifts causa mortis can only be made

Answer 42

to personal property, if deed to real property is given then gift is completed immediately upon delivery and acceptance of deed, not governed by gift causa mortis and irrevocable