Illinois Personal Property.

Front 1

what is the rule for abandon prop.

Back 1

abandoned if

1. voluntary given up possession with intent to give up the title and control

2. finder acquires the rights in abandoned if
a. finder has possession.
b. with intent to assert title and control.

Front 2

Hypo.

In his will, your late grandfather, leave you his fav. painting of a horse and saddled done on black velvet. While you loved your grandfather dearly you cants stand the painting and you dump it in the trash can in the alley. When you tell your sister of this she said, "are you crazy, the frame on that pairing is solid gold."
You rush to the alley only to find one if the truly needy hauling it away."

was the painting abandoned?

Back 2

1. yes = the painting was abandoned.

2. because the painting was in the alley was done voluntary with intent to give up title and control.

Front 3

Hypo.

did the finder who took the painting from the trash in the alley satisfy the requirement.

Back 3

yes= because the person had

1. possession
2. carrying away showed the intent to assert title and control.

Front 4

what is the diff. between lost and mislaid prop.

Back 4

Lost prop. = owner took no voluntary affirmative act in placing the prop. where it was found.
---the owner parting with the prop. was accidental and involuntary---

Mislaid prop. = is found prop. where the owner has taken some voluntary affirmative act in placing it down and the owner leave it behind.

----key diff.---lost prop. and mislaid prop.
1. affirmative vs. voluntary act in placing the prop. where it is found.

Front 5

Hypo: what happens in these situations.

1. You are waling down a street on a very hot day. You take your suit coat off and throw it over your shoulder. You don't notice it but your wallet falls out of the pocket and onto the sidewalk. You keep on walking.

2. you walk into starbucks for the morning latte, take out your wallet and pay and put the wallet down on the counter by the cash register. You get your change, put it in your pocket and walk away, forgetting the wallet.

3. the ring found next to the sink in a public washroom.

4. the ring is found in the cup on the 18th hole of the golf course.

5. a wallet is found behind the books in a bookcase.

Back 5

1. this is lost prop.

2. this mislaid. prop.

3. mislaid prop.

4. lost prop.

5. mislaid prop.

Front 6

what happens to prop. that has been mislaid.

who gets it.

Back 6

the owner or occupier of the premises on which the prop. is found will prevail over the finder.

Front 7

what happens to prop. if the prop. has been lost.

who gets it.

----what is the exception----

Back 7

1.gen. rule the finder gets

2. owner

3. occupier of the premises.

---------the exception to the rules for lost prop.----------

finder won't get it if

1. trespasser = owner of premises will get it.

2. master - servant relationship= master

3. if prop lost in highly private place = not open to public = owner or occupier = prevail.

Front 8

what is the rule for gifts.

Back 8

2 types.

1. inter-vivos = gifts during the life time.

2. causa mortis = made in contemplation of death.

Front 9

what is the elements to gifts INter-vivos.

Back 9

3 elements

1. donative = intent.
a. look at the relationship.
b. pass the title now (possession not necessary)
c. valid = acceptance. ( by silence = implied)

2. valid = delivery.
a. handling something to someone is clearly valid.
b. where the donee is already in possession of the item when gift is attempted.

3. valid = acceptance.
--always acceptance unless = explicit rejection--

Front 10

hypo:

you own a valuable painting and you want to give it to a local art museum. You write them a letter giving them title to the painting, but in the letter you ask that you be allowed to keep the painting in you living room until you die.

is there donative intent for the gift today, even thought that painting hasn't gone anywhere?

Back 10

1. yes, title was given at time of conveyance.

2. intent to give was expressed.

3. valid acceptance was conveyed by the silence and no legal objection was stated.

Front 11

hypo:

Last week you borrowed my lawnmower. Today i bought a new riding mower and called you up and said, "hey, today i bought a fancy new riding mower and you can just keep the old one."

A valid delivery.

Back 11

= yes

since the donee was in possession when the gift was attempted.

Front 12

Hypo:

gramps wanted to give you his 17yrs old grandson a new car as a high school graduation present. he handed the keys to a new bright red corvette.

Back 12

yes this was a valid gift.

keys are a representative of the car.

Front 13

Grandma wanted to give each of her grandchildren $$. She called five into her living room and with great ceremony handed each a passbook to saving acct, each containing 10k.

is handing over the of the passbook a valid delivery of the $$ in the acct.

Back 13

yes

the passbook was a representative of the $$ in the acct.

Front 14

what happens if donor makes a check to donee or a promissory note to donee and give it to donee.

is this a valid gift yet.

Back 14

NO.

Here, there is no delivery until the check is cashed or until the note is paid in full.

Front 15

Hypo:

Donor writes a check to donee on donor's checking acct. or donor makes out a promissory note to donee. Donor then hands donee the check or the note.

is this a valid gift yet.

Back 15

NO.

not valid gift yet, because title was not passed until it is cashed or until the note is paid in full.

Front 16

what is the rule when donor hands donee a check or a note made out to a donor by 3r party.

Back 16

this is a valid offer and delivery even if donor has not endorsed the check or the note to donee.

even if it is not endorsed at the back.

Front 17

what happens if the person donates a stock certificate.

Back 17

the same as a check to a 3rd party.

valid delivery as soon as person get it.

does not have to tell the corp. of the transfer of the delivery.

Front 18

what happens when the the donnor hands over stuff to a middle person.

Back 18

if middle person is donee's agent = valid deliver as soon as it is handed over.

if the middle person is donors agent = not valid until person hands it over to the donee.

---if the agent is not clear who they work for---
assume donnor agent until it is handed over to donee.

--if donee is a minor = and agent is unclear = agent donee. --

Front 19

what is the rule for gifts cause mortis.

how is it revoked.

Back 19

1. must be making the gift under grave perils
a. fair and certain or likelihood of death that is imminent and likely to occur.

revoked = 3 ways

1. donor can at any time simply revoked.

2. donee predeceases donor

3. donor recovers (gift only valid if the person dies)

Front 20

Hypo

donor is in the hospital with terminal illness. before the illness can do its work, the donor dies from food poisoning contracted from the hospital food.

Is the gift revoked.

Back 20

use to be but not anymore.

they done care what kills you as long as your dead.

Front 21

what is the rule for bailment.

Back 21

bailment if when alleged bailee has taken over custody and possession of chattel with intent to serve as bailee.

Front 22

what hare the 2 special situation for bailment.

Back 22

1. safe deposit boxes = bailment

2. parking lots
see if.
a. person gave up the keys.
b. if self parking lot = no bailment.

Front 23

what is the rule on liability of the bailee of the chattel is damage, destroyed or missing.

Back 23

1. sole benefit of the bailor = bailee is only responsible for gross negligence.
friend helping you = friend gross negligence.

2. the sole benefit is for bailee = bailee will be responsible for the slight negligence.
you borrowing from friend= slight negligence.

3. mutual benefit = normal standard of care.
normal money transaction.

Front 24

what are the 2 strict situation where bailee will be held strictly liable.

Back 24

the unauthorized use situation.
--bailee will be strictly liable if anything happens during any unauthorized use.

the misdelivery situation.
--if bailee misbelievers the chattel, even to someone using a forged instrument = bailee is strictly reliable.

---exception----
misdelivery of a vehicle in a parking lot/garage = to someone who show up with a forged claim check bring NO strict liability.

Front 25

what is the exculpatory clause.

Back 25

these are bailee tries to limit liability for damages to the chattel.

bailee can limit liability for bailee's ordinary negligence = notice to bailor of limitation.

----this only limit = ordinary negligence not gross negligence or intentional or reckless---

Front 26

what is the rule for bailment and bankruptcy.

Back 26

items on bailment can not be included in bankruptcy.