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34 Cards in this Set

  • Front
  • Back
GIFTS: What does a valid gift do?
- Passes Title (there must be an intent for the title to pass - i.e., "donative intent").
GIFTS: Two (2) Types of Gifts?
1. Inter Vivos (while alive)

2. Causa Mortis (in contemplation of death).
GIFTS: What are the three (3) elements of an "inter vivos" gift?
1. Donative Intent

2. Valid Delivery

3. Valid Acceptance
GIFTS: Inter Vivos Gifts - For a valid delivery, can the Donee already be in possession of the gifted object?
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?
GIFTS: Inter Vivos Gifts - If a donor makes out a check to donee, is this a gift? When does delivery become valid?

Delivery and the gift become valid when he cashes the check.
GIFTS: Gifts Causa Mortis - For a valid intent, what must the donor have as his state of mind?
A fare degree of likelihood of death that is imminent and likely to occur.

- Basically: "pending doom"
GIFTS: Gifts Causa Mortis - Three (3) ways to revoke a gift causa mortis?
1. Donor revokes before death

2. Donee predeceases the donor, and

3. The Donor recovers (gift is revoked by operation of law).
BAILMENTS: What are the two (2) questions you ask yourself in regards to bailments?
1. Is it a bailment?

2. If yes, what is the liability of the bailee if the chattel is lost, broken, or destroyed?
BAILMENTS: What is a bailment?
When the bailee...

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

2) has the "intent" to serve as bailee?
BAILMENTS: If Anna checks a fur coat at a restaurant, with a pearl necklace in the pocket, what is the bailment situation?
Fur Coat = Bailment

Pearl Necklace = No Bailment (no intent).
BAILMENTS: Are safe-deposit boxes and their contents considered bailments?
BAILMENTS: Are parking garages bailments?
If you give keys = bailment

If you keep keys = no bailment
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).
- The Bailee will be liable only for "gross negligence"
BAILMENTS: Standard of Care / Liability of Bailee - "Sole Benefit of the Bailee" situation?
(example: gave watch to friend to wear)
- Bailee will be liable for even "slight negligence".
BAILMENTS: Standard of Care / Liability of Bailee - "Mutual Benefit" Situation?
(example: give watch to jeweler to repair)
- Bailee held to "ordinary negligence" standard.
BAILMENTS: Standard of Care / Liability of Bailee - What is the modern trend of bailee liability?
- treat all situations as "ordinary negligence".
BAILMENTS: Strict Liability of Bailee - Two (2) situations:
1. Unauthorized use of chattel

2. Misdelivery (no exception for good faith reliance on fraudulent taker).
BAILMENTS: "Exculpatory Clause" Rule:
A Bailee can limit liability so long as Bailor received "effective notice" of the limitation.
FOUND PROPERTY: Three (3) types of Found Property:
1. Abandoned Property

2. Lost Property

3. Mislaid Property
FOUND PROPERTY: Abandoned Property - Two (2) Important Questions:
1. Was it abandoned with intent?

2. Did someone acquire it with the intent to take possession?
FOUND PROPERTY: Lost or Mislaid Property - What is Lost Property?
- Loser took no voluntary act in placing object where it was found. (example: wallet falls out of jacket in store).
FOUND PROPERTY: Lost or Mislaid Property - What is mislaid property?
- took affirmative act to place object there, but you left it behind.
(example: leave your wallet at the cash register)
FOUND PROPERTY: Lost or Mislaid Property - If "mislaid" property is found, who keeps it - the finder or the owner/occupier?
The owner/occupier always keeps mislaid property.
(policy: it is more likely the loser will return to that place to reclaim).
FOUND PROPERTY: Lost or Mislaid Property - If "lost" property is found, who keeps it - the finder or the owner/occupier?
Finders Keepers
FOUND PROPERTY: Lost or Mislaid Property - Lost Property: Finders-Keepers (3) Exceptions?
1. Finder is a Trespasser

2. Master/Servant - master takes

3. Highly Private Locations - such as house or place of business.
FIXTURES: Rule of Fixtures?
- If appliance = fixture - then it stays.
FIXTURES: What makes a fixture?
Intent of the installer.
FIXTURES: Four (4) Factors of Importance?

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).
FIXTURES: What happens if you do not remove the chattel before closing or when the lease ends?
You lose it.
ACCESSION: What is Accession?
- When someone takes the property of another, and does something to make it more valuable.
ACCESSION: What rights does the Accessor have?
Depends on how innocent they are.

Wrongdoer = Loser

Good Faith - Look for unjustness to person and come up with equity.
Wild Animals are not owned by the landowner on which the animals roam.
OWNERSHIP OF WILD ANIMALS: What if someone catches the animal?
They own it.