VA Personal Property Essays Rule Statements Flashcards
duty of bailee
duty to exercise ordinary due care, burden of proving negligence on bailer
bailment requires
physical possession and intent to exercise control
elements of effective bailment
knowledge of the presence of the bailed item, intended to make a bailment
one who does not have title to goods cannot pass good title even to a
BFP
treasure trove
any gold or silver found concealed, the owner of which is unknown, modern trend treated as lost property
constructive possession
owner of real property possesses all that lies beneath the sruface of his land
the finder of mislaid property
does not acquire rights to possesoin, the owner of the land here it was found gets it
a common carrier
undertakes for hire to transport persons or goods from place to place
3 requirements for common carrier law
1) holding out to perform a service
2) for hire
3) for carriage
common carrier law
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
liability for common carriers commences when, and ends when
the goods are delivered to the carrier and accepted for immediate transportation, ends when delivered
bailment for sole benefit of the bailor
slight duty of care, not liable absent gross negligence
sums remaining on deposit at the death of. a party to a join account belong to
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
to show a valid inter vivos gift was intended
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
gift causa mortis
donative intent, delivery, acceptance, and donor must be in contemplation of imminent death
shares of a company are
personal property
basic ways of accomplishing delivery
physical, constructive, symbolic
constructive delivery
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.
symbolic delivery
written instrument or deed of gift that manifests donative intent
when the gift is beneficial to the donee
acceptance is presumed
the donor may intend to immediately vest title in the donee but reserve
but reserve the right of possession until some future date
a donee may refuse to accept a gift by
an affirmative act
when stolen property is found by a third party, a constructive ____ arises
bailment
bailment
relationship created by the transfer of possession of personal property by the bailor to the bailee for the accomplishment of a certain purpose
abandoned property is property that
the owner has voluntarily relinquished all ownership of without reference to any particular person or purpose
to show that property was abandoned, it is necessary to show
an intent to give up both title an possession
accession
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
where an innocent trespasser adds value tot he original owner’s chattel, the general urle is
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
willfult trespasser cannot gain any rights of ownership in the property he has
enhanced in value, original owner is entitled to the property
title to abandoned chattel is acquired by
1) actual or constructive dominion and control over the thing
2) an intent to assert ownership over it
bailee acquires ____ but not _____
right to possession in accordance with terms of bailment, but no transfer of title
to establish a prima facie case against a bailee, a bailor must show
property was delivered to bailee and bailee failed to return the property or returned the property in damaged condition
when bailment is gratutitous
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
a constructive bailment is created when a person lawfully acquires possession of another’s personal property, other than by a bailment contract, and
holds it under such circumstances that the law imposes on him the obligation to keep the property safe and redeliver it to its owner
a professional bailee may not exempt himself from liability for his own negligence but may
limit his liability
surrender of an instrument to a party on the instrument
discharges that party’s liability on the instruemtn
if a promissory note has been drawn in favor of the donor, and the donor makes a gift of that promissory note
valid gift
delivery of a check made by the donor does not fulfill the delivery requirement
bank gotta cash it
a bank may honor a check if the checl is presented within ___ days after it learns of its customers death
10
delivery of a check of another
represents a form of contract right given by another, and fulfills delivery requirement.
gifts causa mortis are revoked
if the donor recovers, or if they revoke it before death
gifts causa mortis can only be made
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
