Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
26 Cards in this Set
- Front
- Back
Abandoned property
|
movable property left by the owner with the intent to cease being the owner
- possessed by anyone who takes possession by occupancy |
|
Mislaid property
|
intentionally placed where the owner can find it again, and forgets
- becomes custody of owner of premises upon which it found |
|
Lost property
|
owner has involuntarily parted with through neglect, carelessness, or inadvertence
-determined by location of the property when it is found |
|
Treasure Trove
|
applied to coin or money, gold, silver, bullion, found hidden in the earth or other private places, with the owner being unknown
- belongs to the finder - no longer recognized (grouped with lost property) |
|
What are the exceptions to the rule that "the finder of lost property is entitled to the property against all the world"?
|
- a trespasser
- property found in a highly private locus or private place - employers/employee - buried articles |
|
What is "possession"?
|
physical control coupled with an intention to assume dominion over the object
|
|
What are the duties of the possessor of mislaid property?
|
- acts as quasi-bailee
- reasonable means to discover the true owner until a reasonable time or statute of limitations has passed - exercise of due care from damages |
|
What is a bailment?
|
relationship created by transfer of possession of item of personal property by one to another for the accomplishment of a certain purpose
|
|
What is the standard of care for a bailee?
|
- reasonable care under all circumstances
- duty to redeliver or account for thing bailed in original form |
|
What actions can a BAILOR bring against BAILEE?
|
- breach of contract
- tort action for damages - (trover) conversion - replevin |
|
What are the BAILEE's rights of action?
|
- conversion
- action for damages against 3rd party for damage, destruction, interference - replevin (full recovery by BAILOR or BAILEE against party bars action by the other) |
|
What is VOID TITLE?
|
no title, only possession is given
|
|
What is VOIDABLE TITLE?
|
both title and possession are given
|
|
What is a bona fide purchaser?
|
person who in good faith and without knowledge that sale to him is in violation of ownership rights purchases property in ordinary course from person in business of selling goods
|
|
If bona fide purchase does not exist, what may prevent the owner from reasserting title?
|
a detrimental, but reasonable reliance, on false communication
(equitable estoppel) |
|
What is conversion?
|
an act or series of acts of wilful interference, without lawful justification, with an item of property in a manner inconsistent with another's right, that deprives another of the use and possession
|
|
Replevin
|
action for repossession of personal property wrongfully taken or detained by the defendant
|
|
Trover
|
recovery of damages for the conversion of personal property, where damages are usually measured by the value of the property
|
|
What is tacking?
|
attach the times of adverse possession to subsequent possessors when possession comes through voluntary or legal transactions
|
|
What must be established for an action for adverse possession?
|
OCEAN Possession:
Open Continuous Exclusive Adverse Notorious |
|
What is the discovery rule?
|
time begins when the plaintiff finds the name/location of the wrongdoer, if the plaintiff discovers information with due diligence and within reasonable time of the wrongdoing
|
|
Tolling
|
delaying the start of statutory period where a potential plaintiff is under disability at time action accrues
|
|
What are the elements for a INTER VIVOS gift?
|
1) donative intent
2) delivery 3) acceptance of the gift |
|
Distinguish a causa mortis gift and a inter vivos gift.
|
A causa mortis gift is motivated by a fear of imminent death.
|
|
What are the elements of a causa mortis gift?
|
1) mental capacity
2) personal property 3) delivery and acceptance 4) anticipation of death |
|
Must the donor die of the cause feared by the donor to be valid?
|
No. And the fear of death does not have to reasonable, just a threat to life.
|