Wa Barbri - Property / Personal

Front 1

Wild animals ownership/rules

Back 1

Owned by state; if captured/killed, ownership transfers; escaped = back to state

Front 2

Types of found property

Back 2

LAM - lost, abandoned, mislaid

Lost: if owner accidentally and involuntarily parted with possession, doesn’t know where it is

Mislaid: if item was intentionally placed somewhere and thereafter forgotten

Abandoned: if owner intended to give up title and possession

Front 3

DEFINE

lost property

Back 3

If owner accidentally and involuntarily parted with possession, doesn’t know where it is

Finder is entitled to possession except against the true owner; sometimes landowner is awarded possession instead (trespass, private place, employee of LO, found in soil)

Front 4

DEFINE

mislaid property

Back 4

If item was intentionally placed somewhere and thereafter forgotten

Landowner entitled to possession except against true owner; since TO intentionally placed

Front 5

DEFINE

abandoned property

Back 5

If owner intended to give up title and possession

Front 6

Duty of finder or landowner of found property

Back 6

Finder/landowner w/possession of article is quasi-bailee, and title is good against everyone but true owner; possessor must use due care or liable for negligence

Front 7

Duty to find owner of found property

Back 7

If finder knows or has reasonable means of finding true owner, must try

Front 8

DEFINE

accession

Back 8

Addition of value to property by expenditure of labor or addition of new materials


Trespassers: cannot recover when adds value to owner’s chattel; owner retains title

Front 9

Owner remedies for accession

Back 9

Owner can seek conversion damages (value or original materials plus consequential damages) OR instead seek replevin (return of chattel)

Front 10

DEFINE

confusion of property

Back 10

Intermixture of personal property owned by different persons; true owners can’t be distinguished

Known contributions: if distinction known, parties take in proportion their interests (willful/fraud)

Unknown contributions: if not known, and innocent, parties share equally; wrongful, burden is on the person who created the wrongful confusion to show or all belongs to the innocent owner

Front 11

Adverse possession statute of limitations for personal property

Back 11

3 years instead of 10

Front 12

DEFINE

gift

Back 12

Voluntary transfer of property by one to another without any consideration or compensation

Front 13

Elements of a gift

Back 13

IDA - intent, delivery, acceptance

Front 14

Elements of a gift

INTENT

Back 14

Donor must wish to make effective gift of her property; future promise not good

Front 15

Elements of a gift

DELIVERY

Back 15

Must be delivered; three types (SAC - symbolic, actual, constructive)

Actual delivery: A hands gift to B

Constructive delivery: A hands B the key to safe deposit box

Symbolic delivery: A hands B paper with gift language

Front 16

Elements of a gift

ACCEPTANCE

Back 16

If gift beneficial to donee, acceptance presumed; donee may refuse gift

Front 17

Gifts causa mortis

Back 17

Gift given in contemplation of death; same IDA requirements; must contemplate giving the gift in imminent death and must actually die (or gift is revoked)

Front 18

DEFINE

bailment

Back 18

Bailee has physical custody over property and intent to exercise control over property

Front 19

Bailor rights

Back 19

If bailee commits wrongful acts that lose/damage property, bailor can seek replevin (return of chattel), trover (value of chattel), or damages - all dependent on facts

Front 20

Bailment standards of care

Back 20

If bailment for sole benefit of bailee, great diligence required and bailee liable for slight negligence

If bailment for sole benefit of bailor, slight diligence required and bailee liable for gross negligence

If bailment is for mutual benefit, ordinary due care required

Front 21

Non-professional bailee disclaimer

Back 21

Depends on 6 factors - 1) generally type of business suitable for public regulations?

2) bailee performing service necessary for some members of public?

3) storage available to public

4) bargaining power

5) require standard form with no option for greater protection?

6) is property under control of bailee?

Front 22

Bailee absolute liability

Back 22

Absolute liability: bailee is absolutely liable when departing from terms of bailment; if uses bailed good for different purpose than agreed on, or removes from storage without consent, bailee is absolutely liable for conversion