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30 Cards in this Set
- Front
- Back
What are the 3 types of found property?
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1) abandoned property
2) lost property 3) mislaid property |
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With respect to abandoned property, what are the two key inquiries?
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1) Is the property abandoned?
-Abandoned if owner has given up possession with the intent to give up title and control 2) If it is abandoned, has someone acquired rights to it? -Did the finder have possession with the intent to assert title and control? |
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So, what are the two key elements in an abandoned property question?
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Possession and intent
1) owner has given up possession; finder has acquired possession 2) owner had intent to give up title and control; finder had intent to acquire tite and control |
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Who are the 2 characters in most lost/mislaid property questions?
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1) the finder
2) the land owner or occupier Note: true owner absent because he would always win |
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What is the definition of lost property?
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No voluntary act was taken in placing the property where it was found.
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Who wins in a lost property question? Finder or land owner/occupier?
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GR: finder wins
EX: if finder is a trespasser, then owner/occupier wins (trespassers always lose) EX: master prevails over servant EX: highly private locus exception |
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What is the highly private locus exception?
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It defeats the GR that the finder of lost property prevails and says that if the place of finding was a highly private locus (home or office), then the land owner/occupier wins.
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What is the definition of mislaid property?
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The owner has take some affirmative act in placing the property where it is found and left it behind.
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Who wins in the mislaid property situation? Finder or land owner/occupier?
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Owner/occupier wins
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Give an example that distinguishes between lost and mislaid property.
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1) walking aisle in store, wallet falls out of coat = lost property (finder prevails)
2) put wallet on counter in store and forget to pick it up (owner prevails) |
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What is the very general rule w/r/t gifts? (when does title pass)
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If a gift is given, title passes.
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What are the two types of gifts?
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1) inter vivos
2) causa mortis |
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What 3 elements are necessary for a valid inter vivos gift?
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1) donative intent (easier to find if d'or and d'ee closely related)
-intent to pass title NOW -has nothing to do with possession (oil painting example) 2) valid delivery -giving to someone sufficient -also sufficient to give a symbolic representation of a gift (savings account passbook) 3) valid acceptance -implied through silenve -must have explicit rejection to invalidate acceptance |
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When is delivery complete in the following situation?
Donor makes out check or promissory note to donee. |
NO delivery until check is CASHED or note PAID
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When is delivery complete in the following situation?
Donor hands donee check or note made out to donor by a third party. |
YES delivery even if d'or hasn't indorsed.
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When is delivery complete in the following situation?
Donor hands donee stock certificate. |
YES delivery even if no indorsement or notification to corporation of transfer
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When is delivery complete in the following situation?
Donor uses middleman to get the gift to donee. |
Depends on whose agent the middle man is.
1) middleman is d'or's agent --- no delivery until agent delivers to d'ee 2) middleman is d'ee's agent --- delivery when given to agent 3) FOR MINOR D'EEs, construe middleman as d'ee's agent |
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What type of peril must a donor be contemplating for a valid gift causa mortis?
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Fair degree of certainty, OR Likelihood of death that is imminent and likely to occur
2 examples for bar purposes: 1) lying on sidewalk after being hit by a bus 2) being in hospital with terminal illness |
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What are the 3 ways a gift causa mortis is revoked?
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1) d'or voluntarily revokes before death
2) d'ee predeceases d'or 3) d'or recovers (automatically revoked by operation of law) |
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Is a gift causa mortis revoked if donor dies but of something other than the peril that caused the gift?
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NO! It is no longer revocation. Death of some sort after the peril is good enough.
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How do you know when a bailment exists?
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CUSTODY AND INTENT
-When bailor has taken over custody of chattel w/ intent to serve as bailee (must intend to serve as bailee--doesn't count if something is hidden in the car that's unexpected but expected items, intent is presumed) |
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Are items unknown items inside a safe deposit box bailments?
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Yes even though bank has no idea what's inside th box.
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Is a car in a parking lot/garage considered a bailment?
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1) if driver keeps keys, NO
2) if lot/garage keeps keys, YES |
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What liability does a bailee (he who receives the bailment) have for damaged/destroyed/missing bailment?
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It depends on the standard of care.
1) if for the sole benefit of the bailor (he who turns over the chattel) -- only GROSS NEGLIGENCE -also called a gratuitous bailment 2) if for sole benefit of the bailee (he who receives the bailment), then liable for even SLIGHT NEGLIGENCE 3) if mutual benefit --- liable for ORDINARY NEGLIGENCE |
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When is bailee strictly liable?
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1) SL for unauthorized use
2) GR: SL for misdelivery EX: if bailee misdelivers car in parking lot when presented with forged claim check, not SL |
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Are exculpatory clauses effective in limiting liability for bailees?
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GR: yes, bailee can limit liability for negligence so long as bailor received EFFECTIVE NOTICE of the limitation (e.g., if in fine print--no effective notice; if huge sign--effective notice)
EX: can only limit liability for ordinary negligence, not gross negligence or intentional torts |
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What is the general definition of a common carrier?
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One who undertakes to for hire to transport persons or goods from place to place.
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What are the 3 requirements to qualify as a common carrier?
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1) holding out to perform service for all who apply
2) carriage must be for hire 3) service must be for carriage (e.g., in the transport business) |
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What is the significance of qualifying as a common carrier?
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-Considered an insurer of the goods transported and liable for any damage or loss with 3 exceptions
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What are the 3 exceptions to a common carrier being liable as an insurer for all loss/damage of chattels?
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1) goods damaged by act of nature
2) goods damaged/destroyed by faulty packaging by shipper 3) goods are perishable and damaged because nature took its course |