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33 Cards in this Set

  • Front
  • Back
The 4 Topics in Property Torts
1. Finders Rights
2. Gifts
3. Liens
4. Bailments
What do Finder's Rights depends on?
Was property been "abandoned" or "lost"
1. Has it been abandoned?

2. If abandoned - what are finder's rights?
Abandoned means giving up possession and subjective intent to give it up.

If its truly abandoned, new owner must take possession and have intent to acquire title.
1. What is "lost" property?

2. What are owner's right?
− Lost is you accidentally part w/ possession but you have no intent to relinquish ownership.

You are always entitled to recover your lost property.
Lost Property

What are finder's right?
− If you find property that has a value of under 20 bucks you must make a reasonable effort to find the owner. If after 1 year you cant find the owner, you can keep it.

− If worth more than 20 bucks, you must turn it into the cops who hold it for a statutory period that gets longer based on the item’s value. If no one comes for it, you get it after the period.
2 types of Gifts
1. Inter Vivos (given in term of your life)

2. Causa Mortis Gifts (given in contemplation of death)
3 requirements for Inter Vivos Gifts.
1. Donative Intent
2. Valid Acceptance
3. Valid Delivery
Donative Intent (first requirement to give Inter Vivos Gift)
Org. owner intended to pass title as opposed to merely parting with possession
Valid Acceptance (second requirement to give Inter Vivos Gift)
Reciepant-Donee must validly accept the gift.

Silence is enough.

Watch out if the Donee declines the item.
Valid Delivery (third requirement to give Inter Vivos Gift)
physical transfer of the object


constructive delivery of it
Valid Delivery (third requirement to give Inter Vivos Gift)

4 Special Issues
First Party Checks

Third Party Checks

Stock Certificated

Use of Agent
First Party Checks - Valid Delivery of Inter Vivos Gift?
No delivery until check is cashed b/c Donor is always free to stop payment.
Third Party Check - Valid Delivery of Inter Vivos Gift?
valid delivery once endorsed b/c no way to stop it.
Stock Certificates - Valid Delivery of Inter Vivos Gift?
delivery the minute you physically hand them over, no corp. registration needed.
Using Agents - Valid Delivery of Inter Vivos Gift?
Once goes into hand of recipient’s agent there is delivery. But no delivery if only to Donor’s agent.
Causa Mortis Gifts
Only if "imminent risk of death is objectively likely to occur"
What if donor never dies?
no valid gift
what if donee dies first?
no valid gift

What is a Lien?

Who is Debtor

Who is Creditor
It is a baby security interest.

Services Performed gives person right to hold another's the personal property until owner satisfies a debt.

Debtor is the owner w/ title

Creditor is in possession (debtor owes him $$)
Elements of Lien (3)

Example of Lien
1) must be a debt that has arisen as a result of services performed; (2) the debtor has title to the property; but (3) the creditor has possession.

Ex. Garage mechanic has your car, fixes the car, and owner owes money. Garage can keep the car until the owner pays.
2 Types of Liens
General Liens

Special Liens
General Liens
The debt is not traceable to a particular property. Creditor may hold all as a general lien.
General Liens - Relinquishment
When creditor gives up one item, the others items can be held
Special Liens
Debtor’s debt is tied to a particular item.
Special Liens - Relinquishment
when creditor gives up possession, the lien is lost.
Taking temporary possession of owner's possession for a particular purpose.

Can also think of it as owner parting w/ something for a particular purpose.

Ex: opening safe deposit box at bank; checking coat at coatcheck; parking car in parking garages;

General Rule about "Things in Things"
if the items are normally contained in the bailed item, there is a bailment to that item as well. If it is not normally contained, it is not bailed.

However, there are many exceptions

Safe deposit boxes
if the items are normally contained in the bailed item, there is a bailment to that item as well. If it is not normally contained, it is not bailed.

*this is exception the the gr > "if the items are normally contained in the bailed item, there is a bailment to that item as well. If it is not normally contained, it is not bailed."

Parking Lots
Park and lock w.o leaving keys > no bailment

Parking Garages
If you leave your keys > this is a bailment
Coat Checks
There is a bailment created, but the liability of the establishment is limited by statute
Bailee's Duty
Duty of care to see that no harm comes to the Bailed item. If breach, then liability.
2 situations where Bailee has Strict Liability
1. Bailee uses item in ways outside scope of the bailment.

2. Bailee misdelivers item at end unless Bailee ws given documentation that suggests the bailed item was properly delivered.

ex: giving item to wrong person. someone else has your coat check claim ticket b/c you dropped in on the floor. They show ticket to coat check lady, so she gives them your coat – this is a defense. But would not be a defense if coat check lady had just given them the coat w/o a ticket (ex: if they has just pointed to it)