Torts - Personal Property

Front 1

The 4 Topics in Property Torts

Back 1

1. Finders Rights
2. Gifts
3. Liens
4. Bailments

Front 2

What do Finder's Rights depends on?

Back 2

Was property been "abandoned" or "lost"

Front 3

ABANDONED PROPERTY
1. Has it been abandoned?

2. If abandoned - what are finder's rights?

Back 3

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.

Front 4

LOST PROPERTY
1. What is "lost" property?

2. What are owner's right?

Back 4

− Lost is you accidentally part w/ possession but you have no intent to relinquish ownership.

You are always entitled to recover your lost property.

Front 5

Lost Property


What are finder's right?

Back 5

− 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.

Front 6

2 types of Gifts

Back 6

1. Inter Vivos (given in term of your life)

2. Causa Mortis Gifts (given in contemplation of death)

Front 7

3 requirements for Inter Vivos Gifts.

Back 7

1. Donative Intent
2. Valid Acceptance
3. Valid Delivery

Front 8

Donative Intent (first requirement to give Inter Vivos Gift)

Back 8

Org. owner intended to pass title as opposed to merely parting with possession

Front 9

Valid Acceptance (second requirement to give Inter Vivos Gift)

Back 9

Reciepant-Donee must validly accept the gift.

Silence is enough.

Watch out if the Donee declines the item.

Front 10

Valid Delivery (third requirement to give Inter Vivos Gift)

Back 10

physical transfer of the object

or

constructive delivery of it

Front 11

Valid Delivery (third requirement to give Inter Vivos Gift)

4 Special Issues

Back 11

First Party Checks

Third Party Checks

Stock Certificated

Use of Agent

Front 12

First Party Checks - Valid Delivery of Inter Vivos Gift?

Back 12

No delivery until check is cashed b/c Donor is always free to stop payment.

Front 13

Third Party Check - Valid Delivery of Inter Vivos Gift?

Back 13

valid delivery once endorsed b/c no way to stop it.

Front 14

Stock Certificates - Valid Delivery of Inter Vivos Gift?

Back 14

delivery the minute you physically hand them over, no corp. registration needed.

Front 15

Using Agents - Valid Delivery of Inter Vivos Gift?

Back 15

Once goes into hand of recipient’s agent there is delivery. But no delivery if only to Donor’s agent.

Front 16

Causa Mortis Gifts

Back 16

Only if "imminent risk of death is objectively likely to occur"

Front 17

What if donor never dies?

Back 17

no valid gift

Front 18

what if donee dies first?

Back 18

no valid gift

Front 19

Liens

What is a Lien?

Who is Debtor

Who is Creditor

Back 19

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 $$)

Front 20

Elements of Lien (3)

Example of Lien

Back 20

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.

Front 21

2 Types of Liens

Back 21

General Liens

Special Liens

Front 22

General Liens

Back 22

The debt is not traceable to a particular property. Creditor may hold all as a general lien.

Front 23

General Liens - Relinquishment

Back 23

When creditor gives up one item, the others items can be held

Front 24

Special Liens

Back 24

Debtor’s debt is tied to a particular item.

Front 25

Special Liens - Relinquishment

Back 25

when creditor gives up possession, the lien is lost.

Front 26

Bailment

Back 26

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;

Front 27

BAILMENTS

General Rule about "Things in Things"

Back 27

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

Front 28

Bailments

Safe deposit boxes

Back 28

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."

Front 29

Bailments

Parking Lots

Back 29

Park and lock w.o leaving keys > no bailment

Front 30

Bailments

Parking Garages

Back 30

If you leave your keys > this is a bailment

Front 31

Bailments
Coat Checks

Back 31

There is a bailment created, but the liability of the establishment is limited by statute

Front 32

Bailee's Duty

Back 32

Duty of care to see that no harm comes to the Bailed item. If breach, then liability.

Front 33

2 situations where Bailee has Strict Liability

Back 33

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)