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47 Cards in this Set

  • Front
  • Back
CL forms of acton
1. T
2. T quare clausum freight $ for D's direct interference w/P's actual poss of P's land
3. T de bonis asportatis. $ for D's injury to P's personal prop from carrying away P's goods/excluding P from use
4. T on the case: $ for direct/consequential injuries land/chattels
5. Trover recover value of personal property
6. Replevin: recover poss of chattels wrongfully taken
7. Ejectment
Acquisition of Prop rights in animals
1. Actual poss/occupation: If pursuer takes actual poss the pursuer acquires prop right
2. Mortal Wounding: pursuer who mortally wounds + con pursuit may acquire prop right against killer
3. Netting pursuer who nets
4. Custom: prop MB acquired of WA by pursuit + wounding where custom awarding hunter who wounds b/c of animal's peculiarities
Lost, Mislaid, Abandoned General Rule
F's rights are subserviant to prior poss e/t they CN est they are true O. Prior poss results in ownership interest
Lost prop
If a poss involuntarily parts w/prop & can not find
Possessor vol & intentionally lays down prop in a place where the poss can reclaim it, but then forgets wehre it is
Poss vol relinquishes all r to prop w/intention of no longer claiming any interest
Treasure Trove
$, coin, gold/silver found hidden in the earth/private place where O is unknown
Rights of Finders against O of land (locus in quo)
1. T: owner of locus in quo wins if prop is lost
2. Private land open to public: finders claim can prevail over LO
3. private land not open to public: F's claim WN prevail against O of Land where goods were found in teh F was an invitee but the land was not generally open to the public
4. Employee: If F is an employee of LO/employer goods are found on behalf of LO/employer
5. MIslaid: A F who finds porp that is mislaid rather than lost DN prevail against the owner of the locus in quo
Statutory reforms of prop classifications
S elimante distinctions b/w lost, mislaid, abandoned. S award the poss of found prop to the F where F complies w/procedures to give notice to O
Bailments definiton
K relationship b/w 2 persons where O of goods/prior poss (bailor) entrusts goods to poss of another (bailee) t/f bailee in lawful poss of another's goods
Creation of Bailment K
1) Bailor must agree to transfer poss of goods to bailee
2) bailee must agree to take actual poss & control
3) May be express/implicit
4) Mistakes in value DN hinder K creation where other criteria met
Promise in Bailment K
Bailee must promise to return goods to bailor @ some time in teh future. If bailee DN return goods bailee liable to bailor for goods/lost value
CL classifications of bailments & effects on standard of care
Classification of bailment affected standard of care bailee had to take or what level of neg bailor had to prove in order to recover
Modern approaches to bailment K
Bailee is under a duty to exercise that degree of care which an ordinarily prudent person WH exercised in the same/similar circumstances (Peet v Roth Hotel Co.)
Bailee's title
Bailee who is the rightful possessor of the bailed goods has a title good against wrongdoer
Bailee's liab for failure to return goods
1. Bailee's neg: if bailee is unable to return goods b/c lost, destroyed/damaged bailee is liable if loss was result of bailee's neg b/c bailee failed to exercise due care
2. Conversion: if bailee CN return goods b/c bailee delivered the goods to someone else bailee is liable to the bailor in conversion if the bailee knew the bailor
Limitations on Liab
Bailee may seek to limit liab for losses due to neg by inc a limitation of liab cluase in the bailment K. Absent S prohibiting limitations they are valid if 1) DN limit bailee's liab for gross neg/willful ocnduct 2) K provisions are agreed to expressly/impliedly by bailor
Prop R in Body Parts CL, S changes
CL DN recognize, S permit persons/surviving family to donate bodies/parts for med experimentation/organ transplant
Body parts
Absent a K agreement to the contrary a person DN have prop r in a bodily organ that has been removed, where the person who removes the organ uses it for purposes of making a profit, he may be liable ot the person from whom the organ was removed (informed consent)
Addition of value to an existing good through labor or addition of new goods
Only labor added
if the labor was one which only slightly increases the value of the goods of another, the O of the goods is entitled ot the finished product. If the labor significantly increases teh laborer is entitled ot the finished product
Labor and Materials added
Where goods of diff O's are combined to create a 3rd good, O of the 3rd good belongs to teh O of the principal good that was combined to form the 3rd good
Gratuitous vol lifetime transfer of prop from a donor to a donee
3 req to make a gift
1. the donor intends to make a gift of an interest in prop @ the present time & not some time in the future
2) donor must deliver the subj matter of the gift (or some substitute) the donee or agent
3) the donee must accept the gift.
Req of intent, delivery, 7 acceptance apply to both inter vivos & gifts causa mortis. A promise to make a gift in the future is unenforceable absent consideration
Classification of gifts
1. Inter Vivos: made during the donor's life not a gift causa mortis. An inter vivos gift is irrevocable unles the donor retains the power to revoke the gift
2. Gift causa mortis. LT gift made by donor in contemplation of impending death. Must meet all requirements of IV gifts + additional req relating to the donor's intent. Gift causa mortis is auto revoked if the donor survives the peril that motivated the donor to make the gift
To make a gift hte donor must intend to transfer an interest in prop to the donee @ the present time @ the same time the donor formulates the intent to make the gift. Evidence: writing/delivery
Delivery of gifts
Subj matter of the gift MB delivered to the donee/agent. Ritualistic, evidentiary and protection function
Is acceptance presumed in gifts
Rights of Possessors Rationale for protecting prior poss
1. absence of better proof
2. assuring the passage of goods in teh free flow of commerce.
3. assuring peace/order: wrongful takers DN req good title
4. Assuring commitment of economic efforts to protection & improvement
5. Rewards poss
6. Efficiency
7. Avoidance of Multiple Law Suits
Applications of Principle of Protecting PP to Real Property
Searching title: must go back to the root of title
Ascertaining Title to Personal Property
Largely based on possession. A critical question for buyer is whether the transferor's prior possession of prop is a sufficient to basis to conclude that they have acquried a good title
Can a transferor transfer as good a property right as the transferor has?
Exceptions to rule that transferor can transfer as good a title as transferor has
1.Estoppel: if the TO by words/conduct represents either that the poss of goods is O or has ability to transfer a good title, the TO is estopped from claiming buyer has not acquired a good title from the poss as long as the buyer acted in GF
Voidable titles
a voidable title arises where a TO initialy intends to clothes another w/a title but b/c of the other's fraud, misrep/duress is able t void the transaction & reclaim title. Prior ot the TO's exercise of that power, h/w the TO's transferee has a suff title that she can transfer a good title
Exceptions to rule that transferor can transfer as good a title as he has
1. Estoppel
2. Voidable title: prior to O's exercise of r to reclaim, transferor can transfer a good title to another who has no knowledge of TO's claim
3. UCC 1) creates a S voidable title rule 2)entrusting of goods to merchants/S estoppel
AP definition
A person wo/a good title to prop can acquire a better title than TO. Trasnfer of title can occur only if the person poss pd for SL & satisfieds 5 criteria
Theories to justify AP
1. punish those who sit on their rights too long
2. reward poss
3. promote cetainty in land ittles
4. protect expectations
5. protect 3rd ps who rely on tehir belief that AP is TO
Exception for AP to st owned land
st owned land are held in trust for the benefit of the publci & SN be lost soley b/c of the neg of a gov official
Nature of title acquired by AP
1. Once a poss acquires title by AP title is good against all the world
2. The title acquired by ap relates back to the time when the TO's CA accrued
3. AP can acquire no greater title than the person who had the cause of action had
SL in AP
1. Ea st has SL
2. When the CA accrues: SL begins to run when TO's CA accrues typically upon AP's entry
3. Suits b/4 statute has run: if the to sues for poss b/4 SL has run TO always wins
4. poss burden of proof: If the TO sues for poss after the time pd in the S has run the TO wins unless the AP proves that all of the criteria nec to acquire a title by AP have occurred
5. Poss can sue to quiet title. Once the SL has run the poss may institute an action to quite title to the prop in the poss name
6. Disabilities: when the holder of a CA has a disability when the CA accrues the SL is tolled
Does AP have the burden of proof for ACEON
Mutiple TO's & joint possession
If the poss enters the land that is owned jiointly by others, the possession must be adverse to all of the owners
5 criteria to acquire title by AP
1. Actual
2. Open and notorious
3. Exclusive
4. Continuous
5. Hostile & Under claim of right
1. poss must use the land as an ave O would use it
2. the actual poss DN auto req cultivation, residence, or actual occupation or the erection of a fence/bldg
3. Pmt of taxes some sts req the pmt of taxes by the possessor
Open and Notorious
1. Use consistent w/that of ave O
2. Actual knowledge of TO unnecessary
3. But if the TO has actual notice acts that might not otherwise be open and notorious will be treated as such if the TO had actual notice
4. Neighborhood rep
5. minor enroachments along a common boundary
6. poss of underground prop generally not suff open
1. use by others
2. total exclusivity not req so long as the possessor only shares the use as TO Owould
3. concurrent poss by TO if TO is in poss w/the permission of AP exclusivity req can be met
1. Effect of break in con: S stargts again
2. Seasonal use: as long as AP is consistent w/how TO WH used
3. Poss by tenant of possessor = poss by AP t/f DN break con
4. Tacking by successive AP. Pd of 2/more poss who are in privity w/ea other may be tacked to determine if S has run
5. Tacking for TO.