Personal Property 2

Start Studying!

Terms

undefined, object

copy deck

Are crops personal property or real property?: Personal if they're grown purposefully; real if they are spontaneous.
What is the doctrine of emblements?: A former tenant can reenter and remove crops he planted prior to the termination of his estate where (1) the tenancy was for an uncertain duration and (2) the tenancy terminated without the tenant's fault.
Is a fixture real property or personal property?: When chattel is annexed to real property it becomes real property.
Does a landowner own wild animals on his property?: No, but if a trespasser kills game on his land, the landowner gets title.
If I own a wild animal and it escapes, do I still own it?: No, unless he's marked and I'm trying to get it him back, or he periodically returns to me.
What is the length of copyright?: Lifetime plus 70 years, or if author was anonymous or for hire, 95 years from publication or 120 years from creation (whichever expires first).
Why register copyright?: You can't file suit for copyright infringement without it.
When can you pass title to bona fide purchasers for stuff you don't have title to?: 1. Transfer of money and negotiable instruments.
2. Where BFP has received goodds through a wrongdoer who the owner INTENDED TO PASS TITLE TO;
3. where BFP has relied in good faith on the true owner's representations that the possessor is the owner.
How do you tell if property is lost?: You look at where it's found. If a reasonable person would judge that the owner had accidentally and involuntarily left it there.
What is mislaid property?: Judging from the place found, you can assume the person left it there intentionally then forgot.
When is property abandoned?: When owner voluntarily relinquished ownership with intent to give up title and possession.
What are the rights of a finder?: They have rights against the whole world except the true owner.
What if a trespasser finds something?: It belongs to the property owner.
What if chattel is found in a highly private place?: The owner of the place gets it.
What if the object is found in a public place?: The finder gets the right to possession.
What if you find mislaid property?: Whoever owns the place you found it, gets it, against everyone but the true owner.
What are rights and duties of possessor?: They're a quasi-bailee with a duty to find the true owner if known or reasonably discoverable, until abandonment or statute of limitations runs.
What does the Uniform Unclaimed Property Act say?: Property in a safe deposit box is presumed abandoned if the owner does not show interest in it for five years.
What is accession?: The addition of value to property by the expenditure of labor. If new owner is innocent and really enhanced value, he might get to keep it, with old owner getting money damages.
What is confusion?: Intermixture of nonidentifiable goods owned by different persons, so you can't separate the property. If you know how much each person has, they get that percentage. If you don't, they share equally.
Can you get title to personal property through adverse possession?: Yes.
What are replevin, trespass and trover?: Replevin: get the chattel back.
Trespass: get money damages.
Trover: get the value of the chattel plus damages for dispossession.
Who gets title after a conversion action?: The wrongful taker. It's a forced sale.
What is required for a gift inter vivos?: Donative intent, delivery and acceptance.
Can you deliver by written instrument?: Yes, if it's signed by donor, delivered, manifests donative intent and describes the stuff.
What is the time of a gift, if it's given through an agent?: If it's my agent, when my agent delivers; if it's not my agent, when the agent gets it.
What if you deliver a bank book?: If you deliver it with the intent to make a gift, it is a sufficient symbolic delivery.
What's the presumption if you put your money in a joint checking account?: Presumption is that it's for convenience and is NOT a gift.
What are the requirements for a gift causa mortis?: 1. Present capacity, delivery and acceptance.
2. Must be personal property.
3. Anticipation of death.
4. Absence of revocation.
Is a gift causa mortis subject to the claims of creditors of the donor's estate?: Yes.
What is the Uniform Transfers to Minors Act?: It covers an irrevocable gift of any type of propety that conveys title to minors, subject to the custodian.

There can be lots of defects but it's still okay.

The custodian has to be careful with it and may receive reasonable compensation. When minor reaches age of majority, he gets it all.
What are the classes of liens?: General: right to retain all property of another as security for a general balance due.

Special: right to retain specific property.
How is a lien waived?: 1. By contract that is inconsistent with the existence of a lien.
2. By acceptance of other security.
3. By demand for excess charges.
Who wins if it's a mechanic's lien v. perfected security interest?: If a mechanic performs labor at the request of the mortgagor, he has priority as against the holder of a perfected security interest.
How is a lien enforced?: Most states give the lienor power to enforce the lien by sale, either by notice or judicial foreclosure.
What is the test for bailment v. sale?: If you're expecting back the exact thing, it's a bailment. If you're expecting back an equivalent thing, it's a sale.

Important because risk of loss goes with titleholder and bailee does not have title.
What is a Pledge?: A particular type of bailment by which bailor delivers property to the bailee to secure an obligation owed by bailor to bailee.
What is Intra Hospitum?: A hotel keeper is an insurer of the goods of a guest that are taken into custody and control of the hostel, and is liable unless the damage was caused by ana ct of God, public enemy or fault of the guest.
What are bailee's rights in bailed chattel?: Bailee has exclusive right of possession, even against true owner, as long as is acting according to t's and c's of the bailment.

Bailee ordinarily has no right to use the bailment without express approval.
What is bailee's duty of care?: She is not an insurer but must take care of it. The degree of negligence depends on the type of bailment.

Bailment for bailor's benefit: slight diligence, gross negligence.
Bailment solely for bailee: slight negligence, great diligence.
Mutual benefit: ordinary care.
May a bailee exempt self from liability for negligence?: Yes, but waiver of negligence by a professional bailee is not permitted. However, a professional bailee may limit that liability, provided the bailor agrees.
Is disclaiming language on claim checks or posted signs enough?: Not in the absence of proof that the bailor knew of the limitation.

Hotels can limit liability by placing notice (on safes, etc.).
When is bailee absolutely liable?: For loss or damage where she has departed from the terms of the bailment.
What if several people are trying to get the bailment back?: Bring an interpleader.
Does bailor have to tell bailee of defects?: Yes, if he knows of them, for gratuitous bailments.

Yes, if he should know of them, where bailment is for hire.
Are common carriers liable?: Yes. They are insurers of goods given it by a shipper under any circumstances, except where loss is due to an act of God, state or public enemy, an act of the shipper or the inherent nature of the goods.
Can common carriers limit liability?: Yes. It's binding even though the shipper has not read the contract, but the carrier must offer some additional consideration for the limitation.

A contract that relieves the carrier from all liability due to its own negligence is void.
Is a common carrier liable for baggage?: Yes, both for baggage delivered to it and for nonbaggage knowingly accepted. A carrier is not liable as an insurer for goods retained in the possession or control of the passenger, but it may be liable in a negligence action for failure to properly protect its passengers.

Start Studying!

Deck Info

Number of cards 48