Personal Property

Front 1

What is the test for abandonment of property?

WHen has one acquired rights in abandoned property?

Back 1

Did the property owner give up possession coupled with the intent to give up title?

Did one acquire possession coupled with the intent to acquire title?

Front 2

Who prevails in a claim for lost or misplaced property?

Back 2

Misplaced property-property voluntarily placed in a location and forgotten- the person who owns the land where the property is left prevails.

Lost property-the finder of the lost property prevails.

Exceptions:
1. Finder is a trespasser (property owner prevails)
2. Highly private locus (access to public is sharply curtailed)
3. Employee finder of chattel while following employer instructions: belongs to employer

Front 3

What is a "treasure trove?"

Back 3

1. Concealed
2. Gold or silver
3. In refined form (modern trend includes valuables/money/jewels) * write about both)

With an unknown owner.

Front 4

What re the rules for "treasure trove"?

Back 4

Traditional rules: The finder prevails!

Modern view: Lost property rules prevail

Front 5

What is required for a validgift inter vivos?

Back 5

1. Donative intent-present intent to pass title

2. Valid delivery - 1. actual physcal delivery 2. donee already in possession 3. Constructive delivery 4. Deed of gift. 5. Checks/stocks - see page 5 of lecture handout.

3. Valid acceptance- Silence is valid acceptance. One must affirmatively refuse the gift.

Front 6

When is acceptance of an intervivos gift vliad.

Back 6

Acceptance dates from time of donative intent and delivery. Silence is a valid acceptance-if you have silence from the time of donative intent and delivery,there is a valid acceptance.

Front 7

What are the three requirements for a gift causa mortis?

Back 7

1. Donative intent 2. valid delivery 3. valid acceptance
Plus: Death must be contemplated from an internal, not an external peril--that is, there must be something wrong with the donor when the gift is made.

Front 8

When is a gift causa mortis revoked?

Back 8

1. Donor revokes
2. Donor recovers
3. Donee dies before the donor
4. Donor dies from a different cause than that she anticipated dying from.
Modern trend: If the donor would have died anyway, and its simply fortuituos that he/she died in a different way, the gift will not be defeated.

Front 9

HOw do you determine if there is a bailment?

Back 9

1. custody of object, coupled with
2. The intent to serve as bailee.

Special situations:
1. Safety deposit box- bailment
2. Parking lots-are bailments if one gives up the keys and control of the car.

Front 10

What are the levels of Bailee liability for damages based on a negligence theory?

Back 10

1. Sole benefit of the Bailor Bailment - bailee is liable for gross negligence
2. Sole benefit of bailee bailment-bailee liable for slight negligence
3. Mutual benefit bailment- bailee liable for ordinary negligence.
4. Modern trend: All bailments - bailee liable for ordinary negligence--reasonable person standard.

Front 11

When can a bailee be held liable in strict liability?

Back 11

1. Deviation from agreed upon use
2. Misdelivery (subject to indispensable instrument exception)