Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
32 Cards in this Set
- Front
- Back
|
Real Property Definition |
(i) all land and (ii) everything fixed to the land (iii) with intent that it be apart of the land
[Land and its chattles] |
|
|
Personal Property |
(i) all property (ii) that is not real property |
|
|
Three Key topics for Personal Property |
1. Found Property 2. Gifts 3. Bailments
|
|
|
Found Property - The three areas usually tested |
A- abandon property L - lost property M- Mislaid property
opening question * Is it lost? if so has anyone acquired rights? |
|
|
ABANDON PROPERTY is: |
Property that (i) owner voluntarily gives up (ii) with the intent to give up title and possession |
|
|
LOST PROPERTY is: |
Property that is found where: (i) the owner has accidentally and involuntarily (ii) parted with possession (iii) does not know where to find it
* watch on a floor |
|
|
MISLAID property is: |
Property that is found where: (i) it can be reasonably determined (ii) that it was intentionally placed there (iii) and thereafter forgotten
* laptop on a desk |
|
|
who gets the property if lost? |
The person who found it except against true owner |
|
|
Who get the property is mis-laid |
Owner or occupier of the premises on which the property was found except against true owner |
|
|
Exception to the rules of "FINDER" |
1. if finder is a trespasser 2. Master / Servant (master keeps) 3. Highly private locust : if lost prop is found on a highly private locust then the owner or occupier with prevail |
|
|
A GIFT is : |
A gift is (i) a valid pass of title |
|
|
2 types of gifts |
1. inter vivos - during life 2. causomortis - during life , in contemplation of death |
|
|
Intervivos gift requires |
1. Donative intent 2. Valid Delivery 3. Acceptance |
|
|
Donative intent means |
1. intent to pass an immediate gift (NOW)
*(usually found where donor and donee are related) |
|
|
Valid acceptance means: |
1. gift was accepted by (usually presumed and implied by silence)
Not acceptance if there is - refusal (act or words) |
|
|
Valid Delivery means; |
1. surrendering control of something to someone or 2. Where donee is already in possession of the item when the gift is attempted 3. When donor hands over something that is symbolic (ex: keys to the car) |
|
|
Nit Picky points of delivery |
1. Checks - not delivered until cashed 2. Promissory notes -not delivered until drawn |
|
|
IF there is a (middle party) delivering gift, then .. |
if (MP) is donee's agent - delivery happens when donor hands gift to (MP)
if (MP) is donor's agent - delivery will not be good until the (MP) hands it over to donee
where confused - make (MP) agent of DONOR |
|
|
What do you need to consider for a gift "caus-a-mortis" |
1. What kind of peril ? 2. How it is revoked ? |
|
|
Type of peril? |
Needs (i) fair degree of certainty or likelyhood (ii) that death is imminent |
|
|
Examples of peril |
a. lying on curb after being hit by the bus b. in the hospital with terminal illness
|
|
|
How is a gift cause-a- mortis revoked? |
1. donor can revoke at anytime 2. donee predeceases donor 3. Donor gets better/ recovers
*Note : when donor does of something other than anticpiated cause it does not matter so long as donor dies, gift passes |
|
|
BAILMENTS - Two issues to consider |
1. is it a bailment 2. if it is a bailment then who is liable if chattle is damaged, destroyed, or missing |
|
|
When does a bailment arise? |
(i) when the alleged bailee has taken over custody (ii) of the chattle (personal property) (iii) with intent to serve as bailee
*once a bailment is created a duty arises |
|
|
Whats a special bailment (two common types) |
1. safe deposit box = bailment + contents 2. parking garages = car is bailed if you leave your keys |
|
|
standard of care for bailment articles |
sole benefit to bailor - bailee liable for gross negligence *bob brings watch to jack who says he will fix it for free
sole benefit to bailee - bailor liable for slight negligence *forgotten watch borrows jehanns for free
Mutual benefit - bailee held to ordinary negligence standard *ralph takes his watch to be fixed for 30 bucks at jewelry store |
|
|
Two situtations in which bailee with be held : STRICTLY LIABLE |
1. unauthorized use 2. Where bailee makes a misdelivery (exception: where someone shows up with a forged check or bailee was without knowledge or notice) |
|
|
What is an exculpatory clause |
This is a clause where bailee tries to insulate liablity for damage to the chattle
rule: A bailee can limit liability for ordinary negligence so long as bailor received effective notice |
|
|
What is Accession? |
A situation where someone takes property of another (either wtongfully or not) and then does something to make it more valuable |
|
|
Exam usually asks - what rights does the person who made the Chattle more valuable have?
The answer depends on how___________ the person was. |
INNOCENT
More innocent - more likely to pay them for making the accesssion or allowing them to keep it with only paying cost of original value (if completely changed)
Less innocent - the taking was basically intentionally then courts are not interested in giving compensation |
|
|
what is the rule about TRESPASSER who takes attempts an accession? |
They lose , they can't keep the chattle or get compensation for the increase |
|
|
wild animals - two points |
1. not owned by person whose land they live on 2. the one who CAPTURES - owns it |
