Personal Property and Bailments

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Questions

Question 1

What is the legal term for land and everything permanently attached to it, such as structures and trees?

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Question 2

A 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?

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Question 3

To be effective, a gift of property requires donative intent, delivery, and what third element?

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Question 4

A gift made during the donor's lifetime is known as what type of gift?

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Question 5

If you voluntarily place your iPhone on a movie theater counter and inadvertently forget it, what is the legal classification of the phone?

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Question 6

What are the three essential elements of a bailment?

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Question 7

In a bailment for the sole benefit of the bailor, what is the bailee's duty of care?

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Question 8

In a bailment for the sole benefit of the bailee, what standard of care must the bailee exercise?

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Question 9

A bailee who fails to return bailed property may be liable for what tort?

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Question 10

What is the term for a bailee's right to place a claim on specific bailed property until he or she has been fully compensated?

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Question 11

Which of the following is NOT one of the common law exceptions to the strict liability of a common carrier?

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Question 12

In many states, how can innkeepers avoid strict liability for the loss of their guests' valuables?

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Question 13

According 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?

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Question 14

When a bailor rents a tractor to a bailee in a mutual-benefit bailment, what is the bailor's duty regarding defects?

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Question 15

What type of personal property has physical substance, such as a television set or a car?

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Question 16

A 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?

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Question 17

What 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?

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Question 18

If a finder of lost property knows the true owner and fails to return the property, the finder is guilty of what tort?

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Question 19

What is the key difference between a bailment and a sale or gift?

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Question 20

A bailee in a mutual-benefit bailment must exercise what degree of care?

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Question 21

If a bailed property is lost or returned damaged, what does a court legally presume?

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Question 22

What type of document of title, which can be negotiable, is issued by a person engaged in the business of storing goods for hire?

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Question 23

In 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?

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Question 24

In 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:

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Question 25

What is the legal status of property that has been discarded by the true owner with no intention of reclaiming title to it?

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Question 26

What is the term for a gift made in contemplation of imminent death?

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Question 27

If a gift causa mortis is given and the donor recovers from the contemplated illness, what is the status of the gift?

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Question 28

When 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?

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Question 29

What 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?

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Question 30

Which of the following is NOT required for a finder of lost property to claim title against the whole world, except the true owner?

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Question 31

What is the purpose of estray statutes?

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Question 32

An 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?

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Question 33

What type of special bailment holds the bailee to a standard of care based on strict liability, with only a few common law exceptions?

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Question 34

The process of adding value to a piece of personal property by the use of either labor or materials is known as:

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Question 35

What is the key factor courts examine to determine whether a certain item of personal property is a fixture when intent is in dispute?

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Question 36

A 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?

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Question 37

If 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?

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Question 38

A 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?

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Question 39

Which of the following items is NOT an example of intangible personal property?

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Question 40

What is the primary factor that distinguishes real property from personal property?

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Question 41

Under what circumstance does a finder of a wild animal NOT get to claim ownership?

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Question 42

In 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?

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Question 43

If a finder of lost property complies with an estray statute and the true owner does not appear, what is the result?

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Question 44

What is the primary difference between a common carrier and a private carrier?

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Question 45

What is the legal consequence if a bailee in an ordinary bailment can prove that bailed goods were destroyed through no fault of their own?

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Question 46

Article 2A of the Uniform Commercial Code (UCC) extends implied warranties of merchantability and fitness for a particular purpose to what type of transaction?

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Question 47

When 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?

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Question 48

If a person captures a wild animal in violation of a state's wild game statutes, who obtains title to the animal?

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Question 49

What type of fire insurance policy covers a class of property, such as business inventory, that is expected to shift or vary in nature?

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Question 50

What is the legal status of an omnibus clause, or other-driver clause, in an automobile insurance policy?

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