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38 Cards in this Set
- Front
- Back
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What are the three types of personal property?
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1. Found Property
2. Gifts 3. Bailments |
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What is Found Property?
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Property that is found by someone somewhere and that finder is claiming title by virtue of the finding.
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What are the three types of found property?
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1. Abandoned property
2. Lost Property 3. Mislaid property. |
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What is lost property?
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Property is lost when the owner has accidentally and involuntarily parted with his possession and does not know where to find it.
Key factor to determine whether property is lost is where the property was found: judging from the place where found, would a reasonable person conclude that the owner had accientally and involuntaryily parted with possession and does not know where to find it? |
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Who is the owner of lost property?
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The finder is entitled to possession except against the true owner. Possession is physical control coupled with an intention to assume dominion over the object.
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What are the exceptions to possession of lost property?
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1. Trespasser: Trespasser-finder is not allowed to secure possessory rights in lost property. Possession fals to the owner of the place where the item of property was found.
2. Highly Private Locus - When chattel is found in a highly private locus, the owner of the locus, not the finder acquires possessory rights. 3. Employee-employer: Employer has the right to direct the employee in his activites and therefore employee must surrender the right of possession to employer. 4. Buried articles: One that finds an article buried beneath the surface, the right of possession ought to belong to the owner fot he property rather than the finder. |
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What is highly private locus?
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A place not open to the public. Highly private such as home or private office. If a place is open to the public, albiet privately owned, it is not a highly private locus.
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What is mislaid property?
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Judging from the place where it was found, it can reasonably be determined that it was intentionally placed there and thereafter forgotten.
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Who takes possession of mislaid property?
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The finder of mislaid property does not acquire the right to possession. The owner of the locus in quo becomes entitled to possess the mislaid property against everyone but the true owner.
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What is abandoned property?
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Property that the owner has voluntarily relinquished all ownership of without reference to any particular pupose or person. Must show an intent to give up both title and possession.
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How does someone acquire rights to abandoned property?
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Finder must have possession with the intent to assert title and control.
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What does the Uniform Unclaimed Property Act say?
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Kansas has adopted UUPA under which unclaimed property is presumed abandoned if the owner does not claim it or otherwise demonstrate an interest in it for the statutory period, generally 5 years.
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What is a gift?
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A gift is a voluntary transfer or property by one to another without any consideration or compensation. To be valid, a gift must be executed or actually made. A gratuitous promise to make a gift in the future is not binding.
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What are the two types of gifts?
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1. Gifts inter vivos
2. Gifts Causa Mortis |
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What is a gift inter vivos?
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Gifts made during ones lifetime. Three requirements: 1. donative intent; 2. delivery; 3. acceptance of the gift.
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What is donative intent?
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The donor must have a present mental capacity and must intend to make an effective gift of property.
Note: Intention to have title pass to the donee at some future date, the requisite mental state is not present and no gift follows. Also, a gift may be effective if the donor intends to immediately vest title in the donee, and yet reserve right of possession until a future date. |
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What are the types of delivery for an inter vivos gift?
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1. Physical delivery - donee has received dominion and control
2. Constructive delivery - surrends as much control over the subject matter of the gift as the donor presently possess. 3. Delivery by written instrument - writing must manifest the donative intent, describe the subject matter of the gift, be signed by the donor, and be delivered. 4. Symbolic delivery - when manual delivery is impossible or impracticable. donor hands over some object other than the item given, that is symbolic of the item. |
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How is delivery accomplished via check, promissory notes, and stock certificates?
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Check/promissory note - if the donor makes out the check/not to donee the delivery is not accomplished until check/not is cashed/paid. If the donor gives donee a 3rd party check made out to donor, delivery is satisfed even if the check/note is not endorsed.
Stock certificate: Delivery is valid when donor gives donee the certificate even if not endorsed and corp. does not know of transfer. |
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How is delivery accomplished via a 3rd party?
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If the 3rd person is the donee's agent, then delivery is complete when the middle person receives from the donor.
If the 3rd party is the donor's agent, then delivery is not good until the middle person hands it over to the donee. When in doubt - construe the middle person to be the donor's agent. If the donee is a minor, construe the middle person to be donee's agent. |
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Gifts in contemplation of marriage
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An engagement ring is a conditional gift, conditioned on the marriage taking place. The ring must be returned if the engagement is broken off. Doesn't matter whose at fault.
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What is a gift causa mortis? What are its elements?
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A gift given in contemplation of death. Must have:
1. Present mental capacity - same as required for inter vivos gift. 2. Gift must be personal property 3. Must be delievery and acceptance (same as intervivos) EXCEPTION (no symbolic delivery) 4. Gift must be given in contemplation of imminent death. |
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What kind of peril must donor be contemplation?
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Must be a fair degree of certainty or likelihood of death that is imminent and likely to occur. (terminal illness, lying on curb after being hit by a bus.)
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How can a gift causa mortis be revoked?
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1. Donor can simply revoke before he dies.
2. Donee predeceases the donor. 3. Donor recovers from peril. |
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What happens if the donor dies from something else than what was anticipated?
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Older cases hold that gift is revoked if dies from something than anticipated death. Newer cases gift significant liberality to this.
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What is a bailment?
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A bailment is the relationship created by the transfer of possession of an item of personal property by one called a bialor to another called the bailee for the acomplishment of certain purposes.
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Does a bailment transfer title?
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No. A bailment involves the transfer of possesion to the bailee without the transfer of title.
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What are the elements of a bailment?
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1. Possession of property - the physical custody over property coupled with intent to exercise control.
2. Bailee's consent - mere custody of a chattle is not sufficient to constitute possession. 3. Knowledge of presence: bailee must have knowlege of the presence of the article. |
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Is a bailee responsible for property concealed in bailed property?
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No, unless the bailee has actual or imputed knowledge of the the articles.
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Is a safe deposit box regarded as a bailment?
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Yes, even though the bank has no idea what is in the box.
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Is a parking lot/parking garage a bailee?
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If the person gives up the keys to the car, then yes the car is bailed.
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What is the standard of care for a bailee?
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1. Sole benefit of the bailor: bailee held liable only for gross negligence.
2. Sole benefit for the bailee: Bailee is held for even slight negligence. 3. Mutual benefit situation: Held to an ordinary negligence standard. Modern trend is to apply ordinary negligence to all bailments. |
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When is a bailee held to strict liability?
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1. Unauthorized use - when the bailee makes unauthorized use of the chattel.
2. Misdelivery: If bailee misdelivers a chattel, even to someone using a forged instrument. EXCEPTION: misdelivery of a vehicle in a parking lot to someone who shows a a forged claim check. |
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Can a bailee limit liabilty?
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Yes, with an exculpatory clause, so long as the bailor has received effective notice of communication.
Cannot limit liability for anything but negligence. |
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What is accession?
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The addition of value to property by the expenditure of labor or the addition of new matierials.
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Can a trespasser/wrongdoer recover in accession?
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No. When a trespasser adds value to the original owners chattel, the owner retains title and the trespasser cannot sue for compensation.
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Can an innocent person who worked an accession be forced to give the chattel back?
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The more $$ and efffort he innocent person has expended and the more valuable the chattle has become the more reluctant the courts are to force the person to give the chattel back to the rightful owner.
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What happens if an entire chattel is changed?
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When teh species of peropty has been completely changed by the addition of value to the property by the expenditore or new materials, the original owner may not recoup the chattel (but can recoup the original value.)
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Who owns wild animals?
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Not owned by the landowner on whose land they own.
Owned by the state of Kansas until they are captured. The person who captures is the owner. |
