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11 Cards in this Set

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  • Back
What is the test for abandonment of property?

WHen has one acquired rights in abandoned property?
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?
Who prevails in a claim for lost or misplaced property?
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.

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
What is a "treasure trove?"
1. Concealed
2. Gold or silver
3. In refined form (modern trend includes valuables/money/jewels) * write about both)

With an unknown owner.
What re the rules for "treasure trove"?
Traditional rules: The finder prevails!

Modern view: Lost property rules prevail
What is required for a validgift inter vivos?
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.
When is acceptance of an intervivos gift vliad.
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.
What are the three requirements for a gift causa mortis?
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.
When is a gift causa mortis revoked?
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.
HOw do you determine if there is a bailment?
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.
What are the levels of Bailee liability for damages based on a negligence theory?
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.
When can a bailee be held liable in strict liability?
1. Deviation from agreed upon use
2. Misdelivery (subject to indispensable instrument exception)