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25 Cards in this Set
- Front
- Back
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What is personal property abandoned?
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1) Possession given up
2) Intent to give up title and control |
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How does someone acquire title of abandoned property?
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1) Possession
2) Intent to assert title and control |
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What is "lost" property?
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When owner took NO VOLUNTARY ACT in placing the property where it is found
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If a finder finds lost property on the property of another, who owns the lost property?
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1) Finder UNLESS
a) Finder is trespasser b) Finder is a servant of owner of property c) It's found at a "highly private locus" of the property not open to the public |
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What is mislaid property?
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When an owner took an affirmative action and left property behind
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If a finder finds mislaid property on an owner's property, who owns the property?
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The owner of the property
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What are the three requirements for delivery of gifts inter vivos
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1) Donorative Intent
2) Valid Delivery 3) Valid Acceptance |
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What are valid manner of delivery of gifts inter vivos? (6)
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1) Hand Delivery
2) Donee already in possessoin 3) Representative Delivery 4) Hand over INDORSED negotiable instrument 5) Hand over stock certificate sans indorsement 6) Deliver to agent of DONEE only |
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What is a check made out to donee delivered?
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Upon receipt of cash.
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What is the only way to not have acceptance?
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Explicit rejection
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What are requirements for a gift causa mortis?
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A gift made when donor has a fair degree of certainty of death that is imminent and likely to occur
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How is a gift causa mortis revoked? (3)
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1) Donor revokes before death
2) Donee predeceases donor 3) Donor recovers and no further action taken |
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What happens if donor dies from different cause than what he feared?
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DOES NOT MATTER. What matters is fear of death and no recovery.
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What is required to become a bailee?
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Intent to have custody over THAT SPECIFIC ITEM
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If owner of special deposit box doesn't know what's in it, is she still responsible for what's inside?
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YES!
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When does a parking garage owner become a bailee for a car?
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If the property takes the keys
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If bailment is for the sole-benefit of the BAILOR, what is liability standard?
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Only GROSS NEGLIGENCE
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If bailment is for the sole-benefit of the BAILEE, what is liability standard?
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Negligence
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If bailment is for the mutual benefit, what is liability standard?
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Negligence
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What happens if bailee engages in unauthorized use of chattel?
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STRICTLY LIABLE
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What happens if bailee mistakenly delivers property who has forged instrument to suggest ownership?
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STRICTLY LIABLE unless it involves a parking lot and a forged claim check
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What can exculpatory clauses apply to for bailments?
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Only exculpate ordinary negligence?
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What are requirements for exculpatory clause to be valid?
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1) Bailor must receive effective notice of exculpation
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What are requirements to be a common carrier? (3)
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1) Must hold out service to general public
2) Carriage must be for hire 3) Service is for the intent to carry the property |
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What are common carriers' liability during shipment?
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You an INSURER of goods liable for any damages unless
1) goods damaged by act of nature 2) goods damaged by faulty packaging 3) Goods damaged when nature took its course |
