Personal Property - Indiana Bar Exam

Front 1

GIFTS: What does a valid gift do?

Back 1

- Passes Title (there must be an intent for the title to pass - i.e., "donative intent").

Front 2

GIFTS: Two (2) Types of Gifts?

Back 2

1. Inter Vivos (while alive)

2. Causa Mortis (in contemplation of death).

Front 3

GIFTS: What are the three (3) elements of an "inter vivos" gift?

Back 3

1. Donative Intent

2. Valid Delivery

3. Valid Acceptance

Front 4

GIFTS: Inter Vivos Gifts - For a valid delivery, can the Donee already be in possession of the gifted object?

Back 4

Yes

Front 5

GIFTS: Inter Vivos Gifts - For a valid delivery, can the Donor just hand a representation of the gift, like keys to a car or passbook to a checking account?

Back 5

Yes.

Front 6

GIFTS: Inter Vivos Gifts - If a donor makes out a check to donee, is this a gift? When does delivery become valid?

Back 6

No.

Delivery and the gift become valid when he cashes the check.

Front 7

GIFTS: Gifts Causa Mortis - For a valid intent, what must the donor have as his state of mind?

Back 7

A fare degree of likelihood of death that is imminent and likely to occur.

- Basically: "pending doom"

Front 8

GIFTS: Gifts Causa Mortis - Three (3) ways to revoke a gift causa mortis?

Back 8

1. Donor revokes before death

2. Donee predeceases the donor, and

3. The Donor recovers (gift is revoked by operation of law).

Front 9

BAILMENTS: What are the two (2) questions you ask yourself in regards to bailments?

Back 9

1. Is it a bailment?

2. If yes, what is the liability of the bailee if the chattel is lost, broken, or destroyed?

Front 10

BAILMENTS: What is a bailment?

Back 10

When the bailee...

1) has taken "custody" over a chattel, and

2) has the "intent" to serve as bailee?

Front 11

BAILMENTS: If Anna checks a fur coat at a restaurant, with a pearl necklace in the pocket, what is the bailment situation?

Back 11

Fur Coat = Bailment

Pearl Necklace = No Bailment (no intent).

Front 12

BAILMENTS: Are safe-deposit boxes and their contents considered bailments?

Back 12

Yes

Front 13

BAILMENTS: Are parking garages bailments?

Back 13

If you give keys = bailment

If you keep keys = no bailment

Front 14

BAILMENTS: Standard of Care / Liability of Bailee - If the Bailment is for the "Sole Benefit of the Bailor" situation?
(example: give your watch to a friend to fix).

Back 14

- The Bailee will be liable only for "gross negligence"

Front 15

BAILMENTS: Standard of Care / Liability of Bailee - "Sole Benefit of the Bailee" situation?
(example: gave watch to friend to wear)

Back 15

- Bailee will be liable for even "slight negligence".

Front 16

BAILMENTS: Standard of Care / Liability of Bailee - "Mutual Benefit" Situation?
(example: give watch to jeweler to repair)

Back 16

- Bailee held to "ordinary negligence" standard.

Front 17

BAILMENTS: Standard of Care / Liability of Bailee - What is the modern trend of bailee liability?

Back 17

- treat all situations as "ordinary negligence".

Front 18

BAILMENTS: Strict Liability of Bailee - Two (2) situations:

Back 18

1. Unauthorized use of chattel

2. Misdelivery (no exception for good faith reliance on fraudulent taker).

Front 19

BAILMENTS: "Exculpatory Clause" Rule:

Back 19

A Bailee can limit liability so long as Bailor received "effective notice" of the limitation.

Front 20

FOUND PROPERTY: Three (3) types of Found Property:

Back 20

1. Abandoned Property

2. Lost Property

3. Mislaid Property

Front 21

FOUND PROPERTY: Abandoned Property - Two (2) Important Questions:

Back 21

1. Was it abandoned with intent?

2. Did someone acquire it with the intent to take possession?

Front 22

FOUND PROPERTY: Lost or Mislaid Property - What is Lost Property?

Back 22

- Loser took no voluntary act in placing object where it was found. (example: wallet falls out of jacket in store).

Front 23

FOUND PROPERTY: Lost or Mislaid Property - What is mislaid property?

Back 23

- took affirmative act to place object there, but you left it behind.
(example: leave your wallet at the cash register)

Front 24

FOUND PROPERTY: Lost or Mislaid Property - If "mislaid" property is found, who keeps it - the finder or the owner/occupier?

Back 24

The owner/occupier always keeps mislaid property.
(policy: it is more likely the loser will return to that place to reclaim).

Front 25

FOUND PROPERTY: Lost or Mislaid Property - If "lost" property is found, who keeps it - the finder or the owner/occupier?

Back 25

Finders Keepers

Front 26

FOUND PROPERTY: Lost or Mislaid Property - Lost Property: Finders-Keepers (3) Exceptions?

Back 26

1. Finder is a Trespasser

2. Master/Servant - master takes

3. Highly Private Locations - such as house or place of business.

Front 27

FIXTURES: Rule of Fixtures?

Back 27

- If appliance = fixture - then it stays.

Front 28

FIXTURES: What makes a fixture?

Back 28

Intent of the installer.

Front 29

FIXTURES: Four (4) Factors of Importance?

[C.H.A.T.]

Back 29

1. General CUSTOM with the Item

2. Degree of HARM to Premises if Removed

3. degree of ATTACHMENT

4. TRADE Fixtures (ex: saw from mill or disco ball from night club).

Front 30

FIXTURES: What happens if you do not remove the chattel before closing or when the lease ends?

Back 30

You lose it.

Front 31

ACCESSION: What is Accession?

Back 31

- When someone takes the property of another, and does something to make it more valuable.

Front 32

ACCESSION: What rights does the Accessor have?

Back 32

Depends on how innocent they are.

Wrongdoer = Loser

Good Faith - Look for unjustness to person and come up with equity.

Front 33

OWNERSHIP OF WILD ANIMALS: Rule?

Back 33

Wild Animals are not owned by the landowner on which the animals roam.

Front 34

OWNERSHIP OF WILD ANIMALS: What if someone catches the animal?

Back 34

They own it.