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22 Cards in this Set

  • Front
  • Back
Wild animals ownership/rules
Owned by state; if captured/killed, ownership transfers; escaped = back to state
Types of found property
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

lost property
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)

mislaid property
If item was intentionally placed somewhere and thereafter forgotten

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

abandoned property
If owner intended to give up title and possession
Duty of finder or landowner of found property
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
Duty to find owner of found property
If finder knows or has reasonable means of finding true owner, must try

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

confusion of property
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
Adverse possession statute of limitations for personal property
3 years instead of 10

Voluntary transfer of property by one to another without any consideration or compensation
Elements of a gift
IDA - intent, delivery, acceptance
Elements of a gift

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

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
Elements of a gift

If gift beneficial to donee, acceptance presumed; donee may refuse gift
Gifts causa mortis
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)

Bailee has physical custody over property and intent to exercise control over property
Bailor rights
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
Bailment standards of care
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
Non-professional bailee disclaimer
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?
Bailee absolute liability
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