Personal Property and Bailments
50 questions available
Questions
What is the legal term for land and everything permanently attached to it, such as structures and trees?
View answer and explanationA walk-in cooler purchased and installed by a tenant who uses the premises for a restaurant is considered what type of property that can be removed when the lease terminates?
View answer and explanationTo be effective, a gift of property requires donative intent, delivery, and what third element?
View answer and explanationA gift made during the donor's lifetime is known as what type of gift?
View answer and explanationIf you voluntarily place your iPhone on a movie theater counter and inadvertently forget it, what is the legal classification of the phone?
View answer and explanationWhat are the three essential elements of a bailment?
View answer and explanationIn a bailment for the sole benefit of the bailor, what is the bailee's duty of care?
View answer and explanationIn a bailment for the sole benefit of the bailee, what standard of care must the bailee exercise?
View answer and explanationA bailee who fails to return bailed property may be liable for what tort?
View answer and explanationWhat is the term for a bailee's right to place a claim on specific bailed property until he or she has been fully compensated?
View answer and explanationWhich of the following is NOT one of the common law exceptions to the strict liability of a common carrier?
View answer and explanationIn many states, how can innkeepers avoid strict liability for the loss of their guests' valuables?
View answer and explanationAccording to the Maine estray statute discussed in Case 47.2, if a person finds lost money or goods with a value of 10 dollars or more, what must they do within one month of the finding?
View answer and explanationWhen a bailor rents a tractor to a bailee in a mutual-benefit bailment, what is the bailor's duty regarding defects?
View answer and explanationWhat type of personal property has physical substance, such as a television set or a car?
View answer and explanationA court will deem an item of personal property to be a fixture if it is so adapted to the rest of the realty as to become part of it, or if it cannot be removed without causing what?
View answer and explanationWhat is the legal term for the mixing of goods, such as grain or oil from different owners, so that one person's personal property cannot be distinguished from another's?
View answer and explanationIf a finder of lost property knows the true owner and fails to return the property, the finder is guilty of what tort?
View answer and explanationWhat is the key difference between a bailment and a sale or gift?
View answer and explanationA bailee in a mutual-benefit bailment must exercise what degree of care?
View answer and explanationIf a bailed property is lost or returned damaged, what does a court legally presume?
View answer and explanationWhat type of document of title, which can be negotiable, is issued by a person engaged in the business of storing goods for hire?
View answer and explanationIn the case of United States v. One Hundred Sixty-Five Thousand Five Hundred Eighty Dollars, why did the court rule that the claimants (Madore and LaPointe) could not assert a claim for the found money?
View answer and explanationIn the case of Treiber & Straub, Inc. v. United Parcel Service, Inc., the court found that UPS's contractual limit on liability of 50,000 dollars was enforceable because:
View answer and explanationWhat is the legal status of property that has been discarded by the true owner with no intention of reclaiming title to it?
View answer and explanationWhat is the term for a gift made in contemplation of imminent death?
View answer and explanationIf a gift causa mortis is given and the donor recovers from the contemplated illness, what is the status of the gift?
View answer and explanationWhen a bailee accepts a coat for safekeeping in a restaurant but does not know there is a 20,000 dollar diamond necklace in the pocket, is a bailment created for the necklace?
View answer and explanationWhat is the term for a delivery of property that is symbolic, such as giving someone the key to a safe-deposit box containing the gifted items?
View answer and explanationWhich of the following is NOT required for a finder of lost property to claim title against the whole world, except the true owner?
View answer and explanationWhat is the purpose of estray statutes?
View answer and explanationAn exculpatory clause in a parking garage receipt that disclaims liability for any damage to parked cars, regardless of cause, will likely be deemed what by a court?
View answer and explanationWhat type of special bailment holds the bailee to a standard of care based on strict liability, with only a few common law exceptions?
View answer and explanationThe process of adding value to a piece of personal property by the use of either labor or materials is known as:
View answer and explanationWhat is the key factor courts examine to determine whether a certain item of personal property is a fixture when intent is in dispute?
View answer and explanationA finder of which type of property becomes the caretaker of the property and does not obtain title, because the true owner is likely to return?
View answer and explanationIf two farmers honestly mistake which storage bin to use and their number 2-grade winter wheat becomes commingled, how is ownership of the wheat determined?
View answer and explanationA bailment for hire, such as leaving a car at a service station for an oil change, is an example of what type of ordinary bailment?
View answer and explanationWhich of the following items is NOT an example of intangible personal property?
View answer and explanationWhat is the primary factor that distinguishes real property from personal property?
View answer and explanationUnder what circumstance does a finder of a wild animal NOT get to claim ownership?
View answer and explanationIn the case of In re Estate of Piper, what was the primary reason the court reversed the trial court's decision to grant the diamond rings to Clara Kauffman?
View answer and explanationIf a finder of lost property complies with an estray statute and the true owner does not appear, what is the result?
View answer and explanationWhat is the primary difference between a common carrier and a private carrier?
View answer and explanationWhat is the legal consequence if a bailee in an ordinary bailment can prove that bailed goods were destroyed through no fault of their own?
View answer and explanationArticle 2A of the Uniform Commercial Code (UCC) extends implied warranties of merchantability and fitness for a particular purpose to what type of transaction?
View answer and explanationWhen a hotel guest's car is stolen from the hotel's parking facility where the guest parked it themselves but the hotel provides no attendant, what is the hotel's liability?
View answer and explanationIf a person captures a wild animal in violation of a state's wild game statutes, who obtains title to the animal?
View answer and explanationWhat type of fire insurance policy covers a class of property, such as business inventory, that is expected to shift or vary in nature?
View answer and explanationWhat is the legal status of an omnibus clause, or other-driver clause, in an automobile insurance policy?
View answer and explanation