ch 48 buz law

personal, possession, returned

3 elements of bailment 1) ________ property 2) delivery of __________ without title 3) Agreement that the property will be _____ to the bailor or otherwise disposed of according to its owner's directions.

tort

A bailee's failure to exercise appropriate care or failure to return the property in handling the bailor's property results in ______ liability.

consideration, benefit

A bailment for the sole benefit of the bailor is a type of gratuitous bailment—meaning that it involves no ________. The bailment is for the convenience and _______ of the bailor. Basically, the bailee is caring for the bailor's property as a favor. Therefore, the bailee owes only a slight duty of care and will be liable only if she or he is grossly negligent in caring for the property. alen asks sumi to put his car in her garage while he is away. If Sumi agrees to do so, then a gratuitous bailment is created, because the bailment is for the sole benefit of the bailor

during

A gift made _______ the donor's lifetime is called a gift inter vivos.

mortis

A gift made in contemplation of imminent death is a gift causa _____ (a so-called deathbed gift). To be effective, a gift causa ______ must meet the three requirements of: 1) intent 2)delivery 3)acceptance. does not become absolute until the donor dies from the contemplated illness or event, and it is automatically revoked if the donor survives may also be revoked if the prospective donee dies before the donor.

delivery

An effective _____ also requires that the donor give up complete control and dominition over the subject matter of the gift. The outcome of disputes often turns on whether control has actually been relinquished.

ordinary, special

Bailments are either ________ or _____

donor, delivery, acceptance

For a gift to be effective, the following three elements are required: 1. Donative intent on the part of the _____ (the one giving the gift). 2. _______. 3. ________ by the donee (the one receiving the gift). until these are met no effective gift has been made

possession, control

For delivery to occur, the bailee must be given exclusive ________ and _______ over the property, and the bailee must knowingly accept the property. In other words, the bailee must intend to exercise control over it

bailment, consideration

If Amy lends her bicycle to a friend, a _________ is created, but not by contract, because there is no _______.

negligent

If the bailed property has been lost or is returned damaged, a court will presume that the bailee was __________

ordinary, bailor, public

In _______ bailments, bailees have the right to limit their liability provided that both of the following are true: 1. The limitations are called to the attention of the _____. It is essential that the bailor be informed of the limitation in some way. 2. The limitations are not against _______ policy.

safe, available

In many states hotel operators can avoid strict liability for loss of guests' cash and valuables by: 1) Providing a _____ in which to keep guests' valuables. 2)Notifying guests that a safe is ______

personal

Only __________ property can be the subject of a bailment

abandoned property

Property that has been discarded by the true owner, who has no intention of reclaiming title to it, is

mislaid property

Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten is A person who finds ________ ______ does not obtain title to the goods.

lost property

Property that is involuntarily left finder can claim title to the property against the whole world—except the true owner If the true owner is identified and demands that the lost property be returned, the finder must return it. In contrast, if a third party attempts to take possession of the lost property, the finder will have a better title than the third party.

title, owner

Someone who finds abandoned property acquires _____ to it, and that title is good against the whole world, including the original ______

possession

Sometimes, a person can become the owner of personal property merely by _________ ex: hunter killing a deer, or finding lost or abandoned property

tort

The bailor's duty to reveal defects is based on a negligence theory of ____ law.

mutual, sole

The bailor's duty to reveal defects to the bailee translates into two rules: 1. In a _______ benefit bailment, the bailor must notify the bailee of all known defects and any hidden defects that the bailor knows of or could have discovered with reasonable diligence and proper inspection. 2. In a bailment for the _____ benefit of the bailee, the bailor must notify the bailee of any known defects.

mutual, ordinary

The most common kind of bailment is for the _________ benefit of the bailee and the bailor, and involves some form of compensation for storing items or holding property referred to as bailment for hire or a commercial bailment the bailee must exercise _________ care, which is the care that a reasonably prudent person would use under the circumstances. If the bailee fails to exercise reasonable care, he or she will be liable for ordinary negligence.

consideration

The presence of ____________ is what distinguishes a contractual obligation to transfer ownership of property from a gift.

lien

To enforce the right of compensation, the bailee has a right to place a possessory ____ on the specific bailed property until she or he has been fully compensated.

common, strict, common

Unlike ordinary bailees, the ______ carrier is held to a standard of care based on _____ liability, rather than reasonable care, in protecting the bailed personal property. _______ carrier absolutely liable, regardless of care, for all loss or damage to goods except when damage was caused by a natural disaster or war.

conversion

When a finder of lost property knows the true owner and fails to return the property to that person, the finder is guilty of the tort of _________

bailee, liable

When one person lends an item to another person (the bailee) solely for that person's convenience and benefit, a bailment for the sole benefit of the _______ is created. Because the bailee is borrowing the item for her or his own benefit, the bailee owes a duty to exercise the utmost care and will be _______ for even slight negligence.

concurrent

When two or more persons own real or personal property together, ________ ownership exists.

ordinary

_______ bailments are distinguished according to which party receives a benefit from the bailment

production

____________ is another means of acquiring ownership of personal property. For instance, writers, inventors, manufacturers, and others who produce personal property may thereby acquire title to it.

gift

a fairly common means of acquiring or transferring ownership of property. A ______ is essentially a voluntary transfer of property ownership for which no consideration is given. no consideration

less

a written contract is not required for bailments for _____ than one year

personal property

aka chattel capable of being moved can be tangible or intangible

will, inheritance

common way to acquire person property is by 1) purchase 2) _______ or 3) _____

constructive delivery

confers the right to take possession (rather than actual possession) of the object in question. It is a general term for all of those acts that the law holds to be equivalent to acts of real delivery. When the object itself cannot be physically delivered always necessary for gifts of intangible personal property—such as stocks, bonds, insurance policies and contracts constructive delivery is a substitute, or symbolic, delivery. What is delivered to the bailee is not the actual property bailed (such as a car) but something so related to the property (such as the car keys) that the requirement of delivery is satisfied.

taxation, acquisition

distinction between personal and real property are : 1) _________ (property taxes on real property; sales tax on purchase of personal property) 2) ______ (pers prop can be transfered with minimum of formality & whereas real property sales typically involve written sales contracts & deed recorded with the state)

care, property

duties of bailee: 1) To take appropriate ____ of the property. 2) To surrender the ________ to the bailor or dispose of it in accordance with the bailor's instructions at the end of the bailment.

estray statutes

encourage and facilitate the return of lost property to its true owner and reward the finder for honesty if the property remains unclaimed. These laws provide an incentive for finders to report their discoveries by enabling them, at the end of a specified time, to acquire legal title to the found property.

bailee's lien

ensures that bailee gets compensated If the bailor refuses to pay or cannot pay, in most states the bailee is entitled to foreclose on the lien and sell the property to recover the amount owed.

bailment

formed by the delivery of personal property, without transfer of title, by bailor to bailee. What distinguishes a_______________ from a sale or a gift is that possession is transferred without passage of title or intent to transfer title. On completion of the purpose, the bailee is obligated to return the bailed property in the same or better condition to the bailor or a third person or to dispose of it as directed.

temporarily

hallmark of the bailment agreement is that the bailee acquires the right to control and possess the property _________ earlier termination by the bailor is a breach of contract

bailment

if either delivery of possession or knowing acceptance is lacking, there is no _________ relationship.

accession

means "something added." occurs when someone adds value to an item of personal property by the use of either labor or materials. Colton steals a truck and puts expensive new tires on it. If the rightful owner later recovers the truck, the owner obviously will not be required to compensate Colton, a thief, for the value of the new tires.

created

not all of the elements of a contract must necessarily be present for a bailment to be ____

dominition

noun word for power, ownership rights

involuntary bailment

situation in which the bailee acquires the property accidentally or by mistake—as in finding someone else's lost or mislaid property. A bailment is created even though the bailor did not voluntarily deliver the property to the bailee. Such bailments are referred to as constructive or _______ ________

confusion

the commingling (mixing together) of goods to such an extent that one person's personal property cannot be distinguished from another's. occurs with fungible goods, such as grain or oil, which consist of identical units.

real property

the land and everything permanently attached to it, including structures and anything permanently attached to the structures. immovable

bailor, bailee, mutual

three types of ordinary bailments are: 1. Bailment for the sole benefit of the_______ 2) Bailment for the sole benefit of the _____ 3) Bailment for the _____ benefit of the bailee and the bailor