Personal Property

Front 1

In Va, when is personal property "abandoned"?

Back 1

Personal property is abandoned if the owner has given up possession with the intent to give up title and control

Front 2

In Va, when does personal property that has been abandoned rightfully acquired by another?

Back 2

Finder must take possession with the intent to assert title and control

Front 3

In Va, what is "lost" personal property?

Back 3

Lost property is found property where the owner took no voluntary act in placing the property where it is found.

Front 4

In Va, what is "mislaid" personal property?

Back 4

Found property where the owner has taken some affirmative act in placing it down, and the owner has left it behind. (I.e., forgot where it was.)

Front 5

In Va, what is the rule for who will own "lost" personal property? Exceptions?

Back 5

Rule: For lost property, the finder wins over the owner and occupier of the premises
--Exceptions:
1) Highly private locus: If lost property is found in a highly private locus, the owner/occupier wins.
2) If the finder is a trespasser, the owner or occupier of the premises will win
3) The master prevails over the servant who finds

Front 6

In Va, what is the "highly private locus" rule? What is a "highly private locus"?

Back 6

i) If lost property is found in a highly private locus, the owner/occupier wins.
ii) Highly-private locus = a place not open to the public (e.g., home or private office)

Front 7

In Va, what is the rule regarding who owns mislaid property?

Back 7

If property is mislaid, the owner or occupier of the premises on which the property is found will prevail over the founder

Front 8

In Va, what are the three requirements for an intervivos gift of personal property?

Back 8

1) Donative intent
2) Valid delivery
3) Valid acceptance

Front 9

In Va, for intervivos gift, what is meant by the requirement of donative intent? When is it easy to find?

Back 9

i) This is the intent to pass title (not possession, but title)
ii) This is easier to find when the donor/donee are closely related

Front 10

In Va, for intervivos gift, is delivery of a gift complete when: donor makes a check or promissory check to donee and gives it to donee?

Back 10

This is NOT a valid delivery until the check is cashed or note is paid.

Front 11

In Va, for intervivos gift, is delivery of a gift complete when: donor hands donee a check or a note made out to donor by a third party?

Back 11

This is valid delivery.

Front 12

In Va, for intervivos gift, is delivery of a gift complete when: donor hands donee a stock certificate representing shares in a corporation?

Back 12

This IS a valid delivery (even if the donor hasn’t told the corporation or endorsed the stock over to the donee)

Front 13

In Va, for intervivos gift, is delivery of a gift complete when: the donor uses a middleman to get the gift from the donor to the donee?

Back 13

(1) If the middleman is donee’s agent, there is valid delivery when it is handed over to the middleman.
(2) Otherwise, delivery isn’t valid until the gift gets to the donee.
--When in doubt, construe the agent to be the donor's agent, unless the agent is a minor.

Front 14

In Va, what is a gift causa mortis (generally)?

Back 14

Gifts made in contemplation of death

Front 15

In Va, what kind of peril must the donor be contemplating to qualify as a gift causa mortis?

Back 15

Great peril: peril must be a fair degree of certainty or likelihood of death that is imminent and likely to occur

Front 16

In Va, once a gift causa mortis is made, how can it be revoked?

Back 16

1) Donor revokes the gift voluntarily (anytime)
2) Donee predeceases donor
3) Donor recovers

Front 17

In Va, if donor of a gift causa mortis dies from something other than the peril that prompted the gift, is the gift still valid?

Back 17

Yes. As long as the donor dies, we don't care what caused the death.

Front 18

In Va, what is required for something to be a "bailment"?

Back 18

When the alleged bailee has taken over custody of a chattel with the intent to serve as a bailee
a. Includes whatever would usually be found in the item bailed
b. E.g., at a coat check, the jewelry in the coat is not bailed, but the coat itself is. And if you bail a car, you bail the spare tire and jack.

Front 19

In Va, what is the rule regarding whether or not a safe deposit box is a bailment?

Back 19

A safe deposit bank is usually regarded as a bailment, even though th bank has no idea what’s inside.

Front 20

In Va, what is the rule regarding whether or not a parking garage or lot is a bailor of the car?

Back 20

If the parking lot keeps the keys, the car is bailed. Otherwise, it’s not a bailment.

Front 21

In Va, what are the rules regarding the liability of a bailee of personal property?

Back 21

a. If the bailment is for the sole benefit of the bailor (i.e., a gratuitous bailment), then the bailee is liable only for gross negligence.
b. If the bailment is for the sole benefit of the bailee, then bailee will be liable for even slight negligence
c. Mutual benefit: if for the mutual benefit of both, the bailee is held to an ordinary negligence standard

Front 22

In Va, when will a bailee be held to a strict liability standard of liability?

Back 22

Two situations:
a. Unauthorized use of the item
b. Misdelivery of the chattel, even to someone using a forged instrument
--Exception: Misdelivery of a vehicle in a parking lot to someone with a forged claim.

Front 23

What is the modern trend regarding liability of bailees?

Back 23

There is a modern trend to apply the ordinary negligence rules to all bailments

Front 24

In Va, what are the rules regarding whether a bailee's exculpatory clause is valid?

Back 24

b. A bailee can limit liability for ordinary negligence so long as the bailor received effective notice of the limitation
c. You cannot exculpate for anything more than ordinary negligence.

Front 25

In Va, what is the definition of a "common carrier"?

Back 25

A common carrier is one who undertakes, for hire, to transport persons or goods from place to place.
--Three requirements:
a. A holding out to perform the service for all who apply
b. Must be for hire
c. The service must be for carriage (i.e., you must be in the transport business)

Front 26

In Va, what is the liability of a common carrier for damage to goods in transport? Exceptions?

Back 26

If you are a common carrier, you are considered an insurer, so you are liable for any loss to the shipper.
--Exceptions:
1) Where the goods are damaged or destroyed by an act of nature
2) Where the goods are damages or destroyed by faulty packaging by the shipper
3) Where the goods are damages or destroyed because they were perishable and nature took its course