Chapter 48 - Personal Property & Bailments

A gift causa mortis does not become absolute if the donor does not die.

true

Delacroix discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Elvira. This is

an involuntary bailment

Floyd tells his daughter Glenda that she can have his Harley Davidson when he dies, but he does not add this to his will. This is

not a valid gift

A bailment of real property is possible.

false

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston. Subject to a bailment is

Emily’s luggage

Idaho Farms mistakenly puts its potatoes in Jackson Co-op's storage bin, which already contains Kelly Spud Farm's potatoes. It is impossible to tell which potatoes originally belonged to which party. This is

confusion

A finder of lost property can claim title to the property against the whole world¾except the true owner.

true

Inadvertently, Morris leaves his backpack at NuWay Launderers when he stops to pick up his clothes. The backpack is

mislaid property

Jennifer finds a full duffel bag that she believes may be subject to an estray statute. Estray statutes apply to

lost property

Kade and Lila each press certain quantities of olive oil to sell to Mediterranean Products, Inc., and agree to share storage costs until Mediterranean can take delivery. The oil is commingled so that Kade's cannot be distinguished from Lila's. This is

confusion

A gift is a voluntary transfer of property for which no consideration is given.

true (nothing in exchange expected, just a gift)

Those who find lost property cannot acquire ownership rights through mere possession of it.

false (they CAN acquire ownership through mere possesion)

Property voluntarily placed by its owner and inadvertently forgotten is abandoned property.

false (inadvertently = accidental)

Bob rents a golf cart at Country Club Golf Course. The brakes are worn, and while Bob is driving the cart, they fail. The cart crashes into a tree, and Bob is injured. Country Club could have discovered, with reasonable diligence, that the brakes were worn. Liability for Bob's injuries most likely rests with

country club only

A finder of lost property who knows the true owner and fails to return the property is guilty of the tort of conversion.

true

Rocco gives Sequoia a computer as a gift. Using the computer, Sequoia develops a new computer game, for which she obtains intellectual property protection, and forms Titan Games, LLC, to make and market the game. Sequoia's acquisition of the game is by

production

Fanny buys clay to throw pottery, which is glazed and fired in a kiln. The finished products are sold to Gifte Shoppe, which sells these items and others to customers who often present them as gifts. The most common way to acquire personal property is to

buy it

Sid borrows Tony's paint sprayer to paint his house. Uma allows Vic to store his posthole digger in her shed. The party with a right to use the bailed property is

Sid only

Tab stores video equipment with U-Store-It, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to U-Store-It's negligence destroys the equipment. The loss is most likely to be imposed on

U-store only

All transactions involving the delivery of property from one person to another create a bailment.

false (not ALL)

Mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S. Marines Corps. Ned agrees. This is a bailment for

sole benefit of the bailor

In most bailments, the bailee can retain the goods given by the bailor and return equivalent property.

false

Jill loans her laptop to Kyle. This is a bailment for

solo benefit of the bailee

Helen owns heavy construction equipment and the tools to service it, as well as office furniture, including computers. Ilya owns a number of patents, trademarks that identify the products made under those patents, and stock in the company that sells those products. Personal property includes the items owned by

Helen & Ilya

Delivery of intangible personal property must always be accomplished by actual delivery.

(intangible = not physical, )