MT 4- ARE16

elements of a bailment- delivery of possession without title -involuntary bailment

-For delivery to occur, the bailee must be given exclusive possession and control over the property, and the bailee must knowingly accept the personal property -If either delivery of possession or knowing acceptance is lacking, there is no bailment relationship. -Physical vs constructive delivery: 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. -Involuntary bailment: a bailment is found despite the apparent lack of the requisite elements of control and knowledge. One instance occurs when the bailee acquires the property accidentally or by mistake—as in finding someone else's lost or mislaid property

Elements of a bailment- Personal property

-Only personal property, not real property or persons, can be the subject of a bailment. -Although bailments commonly involve tangible items—jewelry, cattle, automobiles, and the like—intangible personal property, such as promissory notes and shares of stock, may also be bailed.

1. bailment for the sole benefit of the bailor 2. Bailment for the sole benefit of the bailee 3. Bailment for the mutual benefit of the bailee and the bailor

1. Bailment for the sole benefit of the bailor. This is a gratuitous bailment (a bailment that involves no consideration) for the convenience and benefit 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 grossly negligent in caring for the property. 2. Bailment for the sole benefit of the bailee. This type of bailment typically occurs when one person lends an item to another person (the bailee) solely for the bailee's convenience and benefit. Because the bailee is borrowing the item for personal benefit, the bailee owes a duty to exercise the utmost care and will be liable for even slight negligence. 3. Bailment for the mutual benefit of the bailee and the bailor. This is the most common kind of bailment and involves some form of compensation for storing property or holding property while it is being serviced. It is a contractual bailment and may be referred to as a bailment for hire or a commercial bailment. In this type of bailment, the bailee owes a duty to exercise a reasonable degree of care. -EX: leaving care at auto repair for an oil change.

1. berne convention 2. Trade-Related Aspects of Intellectual Property Rights (TRIPS) 3. madrid protocol 4. Anti-counterfeiting trade agreement

1. Berne convention: if a U.S. citizen writes a book, every country that has signed the convention must recognize the writer's copyright in the book. Also, if a citizen of a country that has not signed the convention first publishes a book in one of the 169 countries that have signed, all other countries that have signed the convention must recognize that author's copyrightThe European Union altered its copyright rules under the Berne Convention by agreeing to extend the period of royalty protection for musicians from fifty years to seventy years 2. Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement agreement: The TRIPS agreement provides that each member country must include in its domestic laws broad intellectual property rights and effective remedies (including civil and criminal penalties) for violations of those rights.Each member nation must ensure that legal procedures are available for parties who wish to bring actions for infringement of intellectual property rights. a member nation cannot give its own nationals (citizens) favorable treatment without offering the same treatment to nationals of all member countries. 3. Madrid protocol: Under its provisions, a U.S. company wishing to register its trademark abroad can submit a single application and designate other member countries in which it would like to register the mark. Even with an easier registration process, the question of whether member countries will enforce the law and protect the mark still remains. 4. Anti-counterfeiting trade agreement: The goals of the treaty are to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting. The treaty has its own governing body. Applies not only to counterfeit physical goods, such as medications, but also t

1. cancellation 2. reasons an insurer can cancel (3) -automobile -property -life and health policies

1. Cancellation: The insured can cancel a policy at any time, and the insurer can cancel under certain circumstances. Insurer must give notice of total or partial cancellation. Any premium paid in advance may be refundable on the policy's cancellation. The insured may also be entitled to a life insurance policy's cash surrender value. 2. Reasons an insurer can cancel: -Automobile insurance can be canceled for nonpayment of premiums or suspension of the insured's driver's license. -Property insurance can be canceled for nonpayment of premiums or for other reasons, including the insured's fraud or misrepresentation, gross negligence, or conviction for a crime that increases the risk assumed by the insurer. -Life and health policies can be canceled because of false statements made by the insured in the application, but the cancellation must take place before the effective date of an incontestability clause.

1. coinsurance clauses 2. Incontestability clauses 3. Interpreting insurance clauses

1. Coinsurance clauses: provides that if an owner insures the property up to a specified percentage—usually 80 percent—of its value, the owner will recover any loss up to the face amount of the policy. If the insurance is for less than the specified percentage, the owner is responsible for a proportionate share of the loss. 2. Incontestability clauses: A clause in a policy for life or health insurance stating that after the policy has been in force for a specified length of time (usually two or three years), the insurer cannot contest statements made in the policyholder's application. Once a policy becomes incontestable, the insurer cannot later avoid a claim on the basis of, fraud on the part of the insured, unless the clause provides an exception for that circumstance. 3. Interpreting insurance clauses: When there is an ambiguity in the policy, the provision generally is interpreted against the insurance company. when it is unclear whether an insurance contract actually exists because the written policy has not been delivered, the uncertainty normally is resolved against the insurance company. an insurer must make sure that the insured is adequately notified of any change in coverage under an existing policy.

special bailments 1. common carriers 2. warehousing 3. hotel operators

1. Common carriers: are publicly licensed to transport goods or passengers on regular routes at set rates. They are legally bound to carry all passengers or freight as long as there is enough space, the fee is paid, and there are no reasonable grounds to refuse service --Strict liability applies: shipper (bailor) and the common carrier (bailee). the common carrier is absolutely liable, regardless of due care, for all loss or damage to goods except when damage was caused by a natural disaster or war. --Limitations on liability: Common carriers cannot contract away their liability for damaged goods. they are permitted to limit their dollar liability to an amount stated on the shipment contract or rate filing. 2. Warehousing: is the business of storing property for compensation. Like ordinary bailees, warehouse companies are liable for loss or damage to property resulting from negligence. But because a warehouse company is a professional bailee, it is expected to exercise a high degree of care to protect and preserve the goods. Can limit dollar amt of liability but under the UCC, however, it must give the bailor the option of paying a higher storage rate for an increase in the liability limit. 3. Hotel operators: state statutes continue to apply strict liability to hotel operators for any loss or damage to their guests' personal property. In many states, however, hotel operators can avoid strict liability by providing a safe in which to keep guests' valuables and notifying guests that a safe is available. state statutes often limit the liability of hotels with regard to articles that are not kept in the safe and may limit the availability of damages in the absence of negligence

1. concurrent ownership 2. tenancy in common 3. joint tenancy 4. tenancy by the entirety 5. community property

1. Concurrent ownership: Persons who share ownership rights simultaneously in particular property (including real property and personal property) 2. tenancy in common: Joint ownership of property in which each party owns an undivided interest that passes to the party's heirs at death. a tenant in common can transfer ownership interest in the property to anyone without the consent of the remaining co-owners -EX: Four friends purchase a condominium unit in Hawaii together as tenants in common. This means that each of them has a one-fourth ownership interest in the whole 3. joint tenancy: Joint ownership of property in which each co-owner owns an undivided portion of the property. On the death of one of the joint tenants, that tenant's interest automatically passes to the surviving joint tenant(s)-- right of survivorship. Joint tenants can transfer their rights by sale or gift to another without the consent of the other joint tenants, but this terminates the tenancy and creates a tenant in common. 4. tenancy by the entirety: Joint ownership of property by a married couple in which neither spouse can transfer any interest in the property without the consent of the other. A divorce, either spouse's death, or mutual agreement will terminate a tenancy by the entirety. 5. community property: A form of concurrent property ownership in which each spouse owns an undivided one-half interest in property acquired during the marriage. generally does not apply to property acquired prior to the marriage or to property acquired by gift or inheritance as separate property during the marriage

1. copyrights 2. protections 3. protected expression 4. copyright categories

1. Copyrights: is an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions (for life plus 70 years). For copyrights owned by publishing companies, the copyright expires 95 years from the date of publication or 120 years from the date of creation, whichever is first. For works by more than one author, the copyright expires 70 years after the death of the last surviving author. 2. Generally, copyright owners are protected against the following: Reproduction of the work. A) Development of derivative works. B) Distribution of the work. C) Public display of the work. 3. Protected expression: To be protected, a work must be "fixed in a durable medium" from which it can be perceived, reproduced, or communicated. As noted, protection is automatic, and registration is not required. Copyright categories: 1. Literary works (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements). 2. Musical works and accompanying words (including advertising jingles). 3. Dramatic works and accompanying music. 4. Pantomimes and choreographic works (including ballets and other forms of dance). 5. Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals). 6. Motion pictures and other audiovisual works (including multimedia works). 7. Sound recordings. 8. Architectural works.

1. counterfeit good 2. Stop Counterfeiting in Manufactured Goods Act 3. penalties 4. online

1. Counterfeit goods: goods that copy or otherwise imitate trademarked goods but are not genuine. 2. Stop Counterfeiting in Manufactured Goods Act: made it a crime to traffic in counterfeit labels, stickers, packaging, and the like, whether or not they are attached to goods. 3. Penalties: Persons found guilty of violating the SCMGA may be fined up to $2 million or imprisoned for up to ten years. If a court finds that the statute was violated, it must order the defendant to forfeit the counterfeit products (which are then destroyed), as well as any property used in the commission of the crime. The defendant must also pay restitution 4. Online: U.S. officials are combat online sales of counterfeit goods by obtaining a court order to close down the domain names of websites that sell such goods

1. Creation of easement or profit -express v implied - necessary vs prescription 2. Termination of easement or profit -license - trespass

1. Creation of an Easement or Profit --Express/implies: Most easements and profits are created by an express grant in a contract, a deed, or a will. An easement or profit may arise by implication when the circumstances surrounding the division of a parcel of property imply its existence --Necessity/ prescription: An easement or profit may also be created by necessity. An easement by necessity does not require a division of property for its existence. An easement or profit may arise by prescription when one person uses another person's land without the landowner's consent. The use must be apparent and continue for the length of time required by the applicable statute of limitations. 2. Termination of easement or profit -a license: is the revocable right to enter onto another person's land. It is a personal privilege that arises from the consent of the owner of the land and can be revoked by the owner (ex. A ticket). When a person with a license exceeds the authority granted and undertakes an action that is not permitted, the property owner can sue that person in tort law for trespass.

1. Deeds 2. to be valid (5)

1. Deeds: Possession and title to land are passed from person to person 2. To be valid: 1. The names of the grantor (the giver or seller) and the grantee (the donee or buyer). 2. Words evidencing the intent to convey the property (such as, "I hereby bargain, sell, grant, or give"). If the deed does not specify the type of estate being transferred, it is presumed to transfer the property in fee simple absolute. 3. A legally sufficient description of the land 4. The signature of the grantor' (and often the grantor's spouse). 5. Delivery of the deed.

1. Duties of bailor (2) 2. defects 3. warranty and liability for defective goods -warranty liability

1. Duties of Bailor -Duty to compensate bailee as agreed and to reimburse the bailee for costs incurred by the bailee in keeping the bailed property -duty to provide the bailee with goods or chattels that are free from known defects that could cause injury to the bailee. The bailor's duty to reveal defects is based on a negligence theory of tort law. A bailor who fails to give the appropriate notice is liable to the bailee 2. Defects: 1. In a mutual-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 sole benefit of the bailee, the bailor must notify the bailee of any known defects. 3. Warranty and liability for defective goods: -A bailor can also incur warranty liability based on contract law for injuries resulting from the bailment of defective articles. -Property that is leased from a bailor must be fit for the intended purpose of the bailment.

1. Duties of the insured 2. 3 basic duties under contract

1. Duties of the insured party who is applying for insurance to reveal everything necessary for the insurer to evaluate the risk. The applicant must disclose all material facts, including all facts that an insurer would consider in determining whether to charge a higher premium or to refuse to issue a policy altogether. 2. Once the insurance policy is issued, the insured has three basic duties under the contract: 1. To pay the premiums as stated in the contract. 2. To notify the insurer within a reasonable time if an event occurs that gives rise to a claim. 3. To cooperate with the insurer during any investigation or litigation.

1. Duties of insurer 2. bad faith action

1. Duties of the insurer -some event occurs that gives rise to a claim, the insurer has a duty to investigate to determine the facts -When a policy provides insurance against third party claims, the insurer is obligated to make reasonable efforts to settle such a claim. regardless of the claim's merit, the insurer has a duty to defend any suit against the insured -An insurer has a duty to provide or pay an attorney to defend its insured when a complaint alleges facts that could, if proved, impose liability on the insured within the policy's coverage. 2. bad faith actions: if an insurer in bad faith denies coverage of a claim, the insured may recover in tort in an amount exceeding the policy's coverage limits and may also recover punitive damages.

Copyright 1. Exceptions 2. infringement 3. remedies 4. fair use -factors

1. EXCEPTIONS: facts (The key requirement for the copyrightability of a compilation is originality), numbers, non original expression, ideas (Whenever an idea and an expression are inseparable, the expression cannot be copyrighted. An idea and its expression, then, must be separable to be copyrightable). 2. Copyright infringement: The reproduction does not have to be exactly the same as the original, nor does it have to reproduce the original in its entirety. 3. Remedies: Those who infringe copyrights may be liable for damages or criminal penalties. These range from actual damages or statutory damages, imposed at the court's discretion, to criminal proceedings for willful violation 4. Fair use: can use copyrighted material for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright 5. Factors: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. (most important)

1. eminent domain 2. condemnation proceedings 3. taking 4. compensation

1. Eminent Domain: The power of a government to take land from private citizens for public use on the payment of just compensation. The United States Supreme Court has ruled that the power of eminent domain can be used to further "economic development." 2. condemnation proceedings: The judicial procedure by which the government exercises its power of eminent domain. It generally involves two phases: a taking and a determination of fair value. 3. Taking: The taking of private property by the government for public use through the power of eminent domain. Under the takings clause of the Fifth Amendment to the U.S. Constitution, the government may take private property for public use with just compensation to the property owner 4. Compensation: U.S. Constitution and state constitutions require that the government pay just compensation to the landowner when invoking its condemnation power

Airspace and subsurface rights 1. encumbrance 2. airspace rights 3. subsurface rights -separate ownership -excavators

1. Encumbrance: Limitations on either airspace rights or subsurface rights 2. Airspace rights: Flights over private land normally do not violate property rights unless the flights are so low and so frequent that they directly interfere with the owner's enjoyment and use of the land. Leaning walls or buildings and projecting eave spouts or roofs may also violate the airspace rights of an adjoining property owner. 3. Subsurface rights: can be extremely valuable, as these rights include the ownership of minerals, oil, and natural gas. A subsurface owner has a right (profit) to go onto the surface of the land to, for instance, discover and mine minerals. -When ownership is separated into surface and subsurface rights, the owner of one set of rights can pass title without the consent of the other owner. Of course, conflicts can arise between the surface owner's use of the property and the subsurface owner's need to extract minerals, oil, or natural gas. In that situation, one party's interest may become subservient (secondary) to the other party's interest either by statute or by case law. --Many states have statutes that also make the excavators liable for any damage to structures on the land

1. environmental regulatory agency 2. environmental impact statements -must analyze 3. common law actions -nuisance --individuals --public authority

1. Environmental regulatory agencies: The primary agency regulating environmental law is the Environmental Protection Agency (EPA). most federal environmental laws provide that private parties can sue to enforce environmental regulations if government agencies fail to do so 2. Environmental impact statements: A formal analysis required for any MAJOR ( if it involves a substantial commitment of resources) federal (federal agency has the power to control it) action that will significantly affect the quality of the environment to determine the action's impact and explore alternatives. --Must analyze 1. The impact that the action will have on the environment. 2. Any adverse effects on the environment and alternative actions that might be taken. 3. Irreversible effects the action might generate. If an agency decides that an EIS is unnecessary, it must issue a statement supporting this conclusion 3. Common law actions 1. Nuisance: persons may be held liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property. the courts commonly balance the harm caused by the pollution against the costs of stopping it. --individuals: must establish a private nuisance to have standing to sue. --public authority: (such as a state's attorney general) can sue to stop or reduce a "public" nuisance.

Landlord-tenant relationships 1. How are landlord tenant relationships established? 2. possession 3. rights 4. eviction 5. constructive eviction

1. Established by a lease contract→ statutes require leases for terms exceeding one year to be in writing 2. Possession: A landlord is obligated to give a tenant possession of the property that the tenant has agreed to lease. After obtaining possession, the tenant retains the property exclusively until the lease expires, unless the lease states otherwise. 3. Right to quiet enjoyment: neither the landlord nor anyone having a superior title to the property will disturb the tenant's use and enjoyment of the property. This covenant forms the essence of the landlord-tenant relationship, and if it is breached, the tenant can terminate the lease and sue for damages. 4. Eviction: If the landlord deprives the tenant of possession of the leased property or interferes with the tenant's use or enjoyment of it 5. Constructive eviction: occurs when the landlord wrongfully performs or fails to perform any of the duties the lease requires, thereby making the tenant's further use and enjoyment of the property exceedingly difficult or impossible. Ex failure to provide utilities

1. first sale doctrine 2. Copyright protection for software

1. First sale doctrine: the Copyright Act provides that the owner of a particular item that is copyrighted can, without the authority of the copyright owner, sell or otherwise dispose of it. Under this doctrine, once a copyright owner sells or gives away a particular copy of a work, the copyright owner no longer has the right to control the distribution of that copy. 2. Copyright protection for software: includes computer programs in the list of creative works protected by federal copyright law. copyright protection extends to those parts of a computer program that can be read by humans, such as the high-level language of a source code. Protection also extends to the binary-language object code, which is readable only by the computer, and to such elements as the overall structure, sequence, and organization of a program. Note that copying the "look and feel" of another's product may be a violation of trade dress or trademark laws, however.

defenses against payment (3) -exceptions

1. Fraud or misrepresentation. If the insurance company can show that the policy was procured by fraud or misrepresentation, it may have a valid defense for not paying on a claim. (The insurance company may also have the right to disaffirm or rescind the insurance contract.) 2. Lack of an insurable interest. An absolute defense exists if the insurer can show that the insured lacked an insurable interest—thus rendering the policy void from the beginning. 3. Illegal actions of the insured. Improper actions, such as those that are against public policy or that are otherwise illegal, can also give the insurance company a defense against the payment of a claim or allow it to rescind the contract. EXCPETIONS: an insurance company normally cannot escape payment on the death of an insured on the ground that the person's age was stated incorrectly on the application. Also, incontestability clauses prevent the insurer from asserting certain defenses.

Trademark infringement 1. infridge 2. lawsuit 3. injunction

1. Infringed: Whenever that trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed (used without authorization). 2. Lawsuit: To succeed in a lawsuit for trademark infringement, the owner must show that the defendant's use of the mark created a likelihood of confusion about the origin of the defendant's goods or service 3. Injunction: commonly granted remedy for infringement. a trademark owner can recover actual damages, plus the profits that the infringer wrongfully received from the unauthorized use of the mark. A court can also order the destruction of any goods bearing the unauthorized trademark

1. Insurable interest 2. life insurance --key person insurance 3. property insurance

1. Insurable interest: Without an insurable interest, there is no enforceable insurance contract, and a transaction to purchase insurance coverage would have to be treated as a wager. 2. Life insurance: a person must have a reasonable expectation of benefit from the continued life of another in order to have an insurable interest in that person's life. The insurable interest must exist at the time the policy is obtained. The benefit may be monetary, or it may be founded on the relationship between the parties (by blood or affinity). --Key-person insurance: is a type of life insurance obtained by an organization on the life of a person (such as a talented executive) who is important to that organization 3. Property insurance: a person has an insurable interest in property (real or personal) when the person would sustain a financial loss from its destruction. For property insurance, the insurable interest must exist at the time the loss occurs but need not exist when the policy is purchased.

1. insurance 2. policy 3. premium 4. risk management 5. broker vs agent

1. Insurance: A contract by which the insurer promises to reimburse the insured or a beneficiary in the event that the insured is injured, dies, or sustains damage to property as a result of particular, stated contingencies. 2. Policy: In insurance law, the contract between the insurer and the insured. 3. Premium: In insurance law, the price paid by the insured for insurance protection for a specified period of time. 4. risk management: In the context of insurance, the transfer of certain risks from the insured to the insurance company by contractual agreement. 5. broker= agent of applicant; insurance agent= agent of insurance company

1. intellectual property 2. trademarks

1. Intellectual property: Property resulting from intellectual and creative processes. 2. Trademarks (PRODUCTS): is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others. Trademarks can also include catchy phrases, abbreviations, shapes, ornamental colors and designs, and even sound

Trademarks- statutory protection 1. lanham act 2. trademark dilution 3. claim for dilution (4) 5. trademark registration (5)

1. Lanham Act: was enacted in part to protect manufacturers from losing business to rival companies that used confusingly similar trademarks 2. trademark dilution: The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation. Marks can be similar, not identical. 3. To state a claim for dilution: 1. The plaintiff owns a famous mark that is distinctive. 2. The defendant has begun using a mark in commerce that allegedly is diluting the famous mark. 3. The similarity between the defendant's mark and the famous mark gives rise to an association between the marks. 4. The association is likely to impair the distinctiveness of the famous mark or harm its reputation. Trademark registration 4. Mark can be registered if: 1. if it is currently in commerce or 2. if the applicant intends to put it into commerce within six months. During this waiting period, applicants can legally protect their trademarks against third parties who have neither used the marks previously nor filed applications for them. Registration is renewable between the fifth and sixth years after the initial registration and every ten years thereafter

1. leasehold estates 2. fixed-term tenancy 3. Periodic tenancy 4. Tenancy at will 5. tenancy at sufferance

1. Leasehold estates: is created when a real property owner or lessor (landlord) agrees to convey the right to possess and use the property to a lessee (tenant) for a certain period of time. The tenant has a qualified right to exclusive possession. The tenant can use the land—for instance, by harvesting crops—but cannot injure it by such activities as cutting down timber for sale or extracting oil. 2. fixed-term tenancy: A type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years. It is also called a tenancy for years. Created by an express contract. the term need not be specified by date and can be conditioned on the occurrence of an event. If the tenant dies during the period of the lease, the lease interest passes to the tenant's heirs as personal property 3. Periodic tenancy: is created by a lease that does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This type of tenancy is automatically renewed for another rental period unless properly terminated. to terminate a periodic tenancy, the landlord or tenant must give at least one period's notice to the other party. 4. Tenancy at will: either party can terminate the tenancy without notice. This type of tenancy can arise if a landlord allows a person to live on the premises without paying rent or rents property to a tenant "for as long as both agree." 5. tenancy at sufferance: A tenancy that arises when a tenant wrongfully continues to occupy leased property after the lease has terminated.

1. Life estates 2. rights (3) 3. duties (2)

1. Life estates: An interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate.the life tenant's ownership rights cease to exist on the life tenant's death. 2. Rights -1. Life tenants have the right to use the land provided that they commit no waste (injury to the land) -2. Life tenants also have the right to create liens, easements, and leases, but none can extend beyond the life of the tenants. -3. with a few exceptions, owners of life estates have an exclusive right to possession during their lifetimes. 3. Duties -1. must keep the property in repair and pay property taxes -In short, the owners of life estates have the same rights as a fee simple owner, except that life tenants must maintain the value of the property during their tenancy. Also, life tenants cannot sell the property or leave it to their heirs.

Air pollution (Clean Air Act) 1. mobile sources 2. stationary sources of ait pullution 3. hazardous air pollutants 4. GHG 5. violations of CAA

1. Mobile sources: Regulations governing air pollution from automobiles and other mobile sources specify pollution standards and establish time schedules for meeting the standards 2. Stationary sources of air pollution: the EPA sets primary and secondary levels of ambient standards—that is, the maximum permissible levels of certain pollutants—and the states formulate plans to achieve those standards. 3. Hazardous air pollutants: The Clean Air Act requires the EPA to list all regulated hazardous air pollutants on a prioritized schedule. In all, nearly two hundred substances, including asbestos, benzene, beryllium, cadmium, and vinyl chloride, have been classified as hazardous. -The Clean Air Act does not establish specific emissions standards for each hazardous air pollutant. the act requires major new sources of pollutants to use pollution-control equipment that represents the maximum achievable control technology 4. Greenhouse gasses: Clean Air Act does not specifically mention CO2 emissions. The EPA went on to conclude that greenhouse gasses, including CO2 emissions, do constitute a public danger and began regulating them in 2011. 5. Violations of clean air act: penalties and fines from EPA. Persons who provide information about violators may be paid up to $10,000. Private individuals can also sue violators.

1. patents 2. what is patentable 3. patent infringement 4. remedies

1. Patents: is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years. Patents for designs, as opposed to inventions, are given for a fourteen-year period. the first person to file an application for a patent on a product or process will receive patent protection. Patent period is 14 or 20 years. 2. What is patentable? to be patentable, an invention must be novel, useful, and not obvious in light of current technology. artistic methods and works of art, certain business processes, and the structures of storylines are patentable, provided that they are novel and not obvious. abstract ideas (including theories and concepts) are not patentable 3. Patent infringement: If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, it commits the tort of patent infringement. To infringe the patent on a process, however, all steps or their equivalent must be copied. In the United States, however, no patent infringement occurs when a patented product is made and sold in another country. 4. Remedies for patent infringement: the patent holder may sue for relief in federal court. The patent holder can seek an injunction against the infringer and can also request damages for royalties and lost profits. In some cases, the court may grant the winning party reimbursement for attorneys' fees and costs.

Pesticides and herbicides (Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)): 1. Rules for pesticides, herbicides, and rodenticide -penalties (commercial vs farmer) 2. toxic substances 3. resource conservation and recovery act

1. Pesticides and herbicides must be: 1. registered before they can be sold, 2. certified and used only for approved applications, and 3. used in limited quantities when applied to food crops. -Federal/criminal penalties for commercial dealers; fine and incarceration for farmers/private users. Note that a state can also regulate the sale and use of federally registered pesticides. 2. Toxic substances (Toxic Substances Control Act): regulates chemicals and chemical compounds that are known to be toxic, such as asbestos and polychlorinated biphenyls (PCBs). The act also controls the introduction of new chemical compounds by requiring investigation of any possible harmful effects from these substances. 3. Resource conservation and recovery act: required the EPA to determine which forms of solid waste should be considered hazardous and to establish regulations to monitor and control hazardous waste disposal. The act authorized the EPA to issue technical requirements for facilities that store and treat hazardous waste. The act also required all producers of hazardous waste materials to label and package properly any hazardous waste to be transported.

1. Plant life and vegetation 2. fixtures

1. Plant life, both natural and cultivated, is also considered to be real property. When a parcel of land is sold and the land has growing crops on it, the sale includes the crops, unless otherwise specified in the sales contract. When crops are sold by themselves, however, they are considered to be personal property, or goods (governed by the Uniform Commercial Code (UCC) rather than by real property law) 2. Fixtures: An item of personal property that has become so closely associated with real property that it is legally regarded as part of that real property. Fixtures are included in the sale of land if the sales contract does not provide otherwise (like a statue)

1. Property 2. bailment

1. Property: consists of the legally protected rights and interests a person has in anything with an ascertainable value that is subject to ownership 2. bailment: is created when personal property is temporarily delivered into the care of another without a transfer of title, such as when a person takes an item of clothing to the dry cleaners

transfer of ownership 1. real estate sales contracts 2. implied warranty of habitability 3. seller's duty to disclose hidden defects

1. Real estate sales contracts: A contract for a sale of land includes such terms as the purchase price, the type of deed the buyer will receive, the condition of the premises, and any items that will be included. A buyer who does not pay cash for the property must obtain financing through a mortgage loan. the buyer is responsible for having the premises inspected for physical or mechanical defects and for insect infestation. 2. implied warranty of habitability: An implied promise by a seller of a new house that the house is fit for human habitation. Also, the implied promise by a landlord that rented residential premises are habitable. 3. Seller's Duty to Disclose Hidden Defects: courts impose on sellers a duty to disclose any known defect that materially affects the value of the property and that the buyer could not reasonably discover. Failure to disclose such a material defect gives the buyer the right to rescind the contract and to sue for damages based on fraud or misrepresentation

1. Responsibilities of bailee (2) 2. duties of bailee A) duty of care B) duty to return bailed property C) lost or damaged property

1. Responsibilities: -To take appropriate care of the property. -To surrender the property to the bailor or dispose of it in accordance with the bailor's instructions at the end of the bailment. Duties: A) Duty of care -The bailee must exercise reasonable care in preserving the bailed property. -in a bailment for the sole benefit of the bailor, the bailee need exercise only a slight degree of care. In a mutual-benefit bailment, courts normally impose a reasonable standard of care. In a bailment for the sole benefit of the bailee, the bailee must exercise great care. -A bailee's failure to exercise appropriate care in handling the bailor's property results in tort liability. B) Duty to return bailed property -Failure to give up possession at the time the bailment ends is a breach of contract and can result in a tort lawsuit for conversion or negligence. -A finder who appropriates the personal property of another, knowing who the true owner is, can be held liable for the tort of conversion. C) Lost or damaged property -If the bailed property has been lost or is returned damaged, a court will presume that the bailee was negligent. The bailee's obligation is excused, however, if the property was destroyed, lost, or stolen through no fault of the bailee (or claimed by a third party with a superior claim)

Rights of bailee 1. rights of possession 2. right to use bailed property 3 . Right of compensation -bailee's lien 4. Rights to limit liability

1. Rights of possession: bailee acquires the right to control and possess the property temporarily. The bailee's right of possession permits the bailee to recover damages from any third person for damage or loss of the property. if the bailed property is stolen, the bailee has a legal right to regain possession of it. 2. Right to use bailed property: When no provision is made, the extent of use depends on how necessary it is for the goods to be at the bailee's disposal for the ordinary purpose of the bailment to be carried out. 3. Right of compensation: Except in a gratuitous bailment, a bailee has a right to be compensated as provided for in the bailment agreement. The bailee also has a right to be reimbursed for services rendered and costs incurred in keeping the bailed property (even in a gratuitous bailment). -bailee's lien: A possessory (artisan's) lien that a bailee entitled to compensation can place on the bailed property to ensure payment for the services provided. 4. Rights to limit liability: 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 bailor. 2. The limitations are not against public policy (exculpatory clauses are often illegal)

trademarks 1. service mark 2. certification mar 3. collective mark 4. trade dress

1. Service mark: is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. For instance, each airline has a particular mark or symbol associated with its name 2. Certification mark: is used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services. 3. Collective mark: a certification mark used by members of a cooperative, association, labor union, or other organization (EX: CPA- certified public accountants) 4. Trade dress: refers to the image and overall appearance of a product. Trade dress is a broad concept that can include all or part of the total image or overall impression created by a product or its packaging. (EX: trade dress can include the layout and appearance of a catalogue, the use of a lighthouse as part of a golf hole, the fish shape of a cracker, or the G-shaped design of a Gucci watch.) trade dress is subject to the same protection as trademarks.

Water pollutions (clean water act) 1. sources 2. Clean water act -goals -permit system -standards of equipment 3. violations 4. Safe drinking water act

1. Sources: Water pollution stems mostly from industrial, municipal, and agricultural sources. 2. Clean water act: the EPA limits the discharge of various types of pollutants based on the technology available for controlling them --Goals: 1) make waters safe for swimming, protect fish and wildlife, and eliminate the discharge of pollutants into the water. --Permit system (National Pollutant Discharge Elimination System): Under this system, industrial, municipal, and agricultural polluters must apply for permits before discharging wastes into surface waters. Applies to storm water discharge and industrial waste water --Standards for equipment: egulations generally specify that the best available control technology, or BACT, be installed. Existing sources are subject to timetables for the installation of BACT equipment and must immediately install equipment that utilizes the best practical control technology, or BPCT. 3. Violations of clean water act States have primary responsibility for enforcing the permit system, subject to EPA monitoring. Violators are subject to a variety of civil and criminal penalties. injunctive relief and damages can also be imposed. The polluting party can be required to clean up the pollution or pay for the cost of doing so 4. Drinking water (safe drinking water act): requires the EPA to set maximum levels for pollutants in public water systems.

Superfund 1. strict liability 2. Joint and several liability 3. Minimizing liability -exceptions 4. Defenses -innocent landowner

1. Strict liability: Superfund imposes strict liability on PRPs, and that liability cannot be avoided through transfer of ownership. selling a site where hazardous wastes were disposed of does not relieve the seller of liability, and the buyer also becomes liable for the clean-up 2. Joint and several liability: a person who generated only a fraction of the hazardous waste disposed of at the site may nevertheless be liable for all of the clean-up costs 3. Minimizing liability: the business can investigate (audit) its own operations and property to determine whether any environmental hazards exist. Companies that report and correct wrongdoings have lighter penalties. the EPA will waive all fines if a small company corrects environmental violations within 180 days after being notified of the violations (or 360 days if pollution-prevention techniques are involved). -EXCEPTIONS: criminal violations and violations that pose a significant threat to public health, safety, or the environment. 4. Defenses: innocent landowner defense: which may protect a landowner who acquired the property after it was used for hazardous waste disposal.

1. Superfund (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)): 2. four elements 3. potentially responsible parties

1. Superfund (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)): regulates the clean-up of disposal sites in which hazardous waste is leaking into the environment 2. Four elements 1. It established an information-gathering and analysis system that enables the government to identify chemical dump sites and determine the appropriate action. 2. t authorized the EPA to respond to hazardous substance emergencies and to arrange for the clean-up of a leaking site directly if the persons responsible for the problem fail to clean up the site. 3. It created a Hazardous Substance Response Trust Fund (also called Superfund) to pay for the clean-up of hazardous sites using funds obtained through taxes on certain businesses. 4. It allowed the government to recover the cost of clean-up from persons who were responsible (even remotely) for hazardous substance releases. 3. Potentially responsible parties: A party liable for the costs of cleaning up a hazardous waste disposal site under the Comprehensive Environmental Response, Compensation, and Liability Act. 1. A person who generated the wastes disposed of at the site. 2. A person who transported the waste to the site. 3. The person who owned or operated the site at the time of the disposal. 4. The current owner or operator of the site.

1. Insurance contract 2. application 3. effective date (4)

1. The insurance contract: an insurance contract is governed by the general principles of contract law 2. Application: The person applying for insurance normally is bound by any false statements that appear in the application (subject to certain exceptions).misstatements or misrepresentations can void a policy. 3. Effective date: the date on which the insurance coverage begins 1. if a person hires a broker to obtain insurance, and the broker fails to procure a policy, the applicant normally is not insured 2. A person who seeks insurance from an insurance company's agent is usually protected from the moment the application is made. the agent will write a memorandum, or binder, indicating that a policy is pending and stating its essential terms. 3. If the parties agree that the policy will be issued and delivered at a later time, the contract is not effective until the policy is issued and delivered. Thus, any loss sustained between the time of application and the delivery of the policy is not covered. 4. Parties may agree that a life insurance policy will be binding at the time the insured pays the first premium, or the policy may be expressly contingent on the applicant's passing a physical examination. (If the applicant pays the premium but dies before having the physical examination, the policy may still be effective. Then, in order to collect, the applicant's estate normally must show that the applicant would have passed the examination.)

1. trade names 2. liscense

1. Trade names (BUSINESSES NAME): refers to part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation. A trade name may be protected as a trademark if the trade name is the same as the company's trademarked product—for instance, Coca-Cola. Trade names are protected under the common law, but only if they are unusual or fancifully used 2. License: in this context is an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes. Licensors receive royalties (money) from licensees in return for permission to use the trademarked item.

1. trade secrets 2. restatement of torts (2)

1. Trade secrets: is basically information of commercial value. A company's customer lists, plans, and research and development are trade secrets. Trade secrets may also include pricing information, marketing techniques, and production methods. Unlike copyright and trademark protection, protection of trade secrets extends both to ideas and to their expression (well suited for software). 2. Restatement of Torts: those who disclose or use another's trade secret, without authorization, are liable to that other party if either of the following is true: 1. They discovered the secret by improper means. 2. Their disclosure or use constitutes a breach of a duty owed to the other party.

Landlord-tenant relationships 1. use of premises 2. maintenance of premises 3. rent

1. Use of premises: The tenant normally may make any use of the leased property, provided the use is legal and does not injure the landlord's interest. 2. Maintenance of premises: Tenants are responsible for any damage to the premises that they cause, intentionally or negligently, and may be held liable for the cost of returning the property to the physical condition it was in when the lease began. Unless the parties have agreed otherwise, tenants are not responsible for ordinary wear and tear and the property's consequent depreciation in value. Landlords must also comply with any applicable state statutes and city ordinances regarding maintenance and repair of buildings. 3. Rent: tenants must pay the rent even if they refuse to occupy the property or move out, as long as the refusal or the move is unjustified and the lease is in force. if an apartment building is destroyed, most states' laws do not require tenants to continue to pay rent. In some situations, such as when a landlord breaches the implied warranty of habitability, a tenant may be allowed to withhold rent as a remedy.

1. warranty deed -requirements 2. special warranty deed 3. quitclaim deed 4. recording statute

1. Warranty deed: contains the greatest number of covenants, or promises, of title and thus provides the greatest protection against defects of title. the warranty deed makes the grantor liable for all defects of title during the time that the property was held by the grantor and previous titleholders. --Requirements: 1. A covenant that the grantor has the title to, and the power to convey, the property. 2. A covenant of quiet enjoyment (a warranty that the buyer's possession of the land will not be disturbed). 3. A covenant that transfer of the property is made without knowledge of adverse claims of third parties. 2. special warranty deed: A deed that warrants only that the grantor held good title during the grantor's ownership of the property and does not warrant that there were no defects of title when the property was held by previous owners. If the special warranty deed discloses all liens and other encumbrances, the seller will not be liable to the buyer if a third person subsequently interferes with the buyer's ownership 3. quitclaim deed: A deed that conveys only whatever interest the grantor had in the property and therefore offers the least amount of protection against defects of title. Quitclaim deeds are often used when sellers, or grantors, are uncertain as to the extent of their rights in the property. 4. recording statute: A statute that allows deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property. recording a deed prevents the previous owners from fraudulently conveying the land to other purchasers

1. Will or inheritance 2. adverse possession -requirements

1. Will or inheritance: Property that is transferred on an owner's death is passed either by will or by state inheritance laws. If the owner of land dies with a will, the land passes in accordance with the terms of the will. If the owner dies without a will, state inheritance statutes prescribe how and to whom the property will pass. 2. Adverse possession: is a means of obtaining title to land without delivery of a deed and without the consent of—or payment to—the true owner. Thus, adverse possession is a method of involuntarily transferring title. The doctrine punishes owners who do not take action when they see adverse possession and rewards possessors for putting land to productive use. --Requirements: 1. Possession must be actual and exclusive. The possessor must physically occupy the property. 2. Possession must be open, visible, and notorious. The obviousness requirement ensures that the true owner is on notice that someone is possessing the owner's property wrongfully. 3. Possession must be continuous and peaceable for the required period of time 4. Possession must be hostile and adverse. In other words, the possessor cannot be living on the property with the owner's permission and must claim the property as against the whole world.

1. accession 2. confusion

1. accession: The addition of value to personal property by the use of labor or materials. If an improvement is made wrongfully—without the permission of the owner—the owner retains title to the property and normally does not have to pay for the improvement. EX: 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. 2. confusion: The mixing together of goods belonging to two or more owners to such an extent that the separately owned goods cannot be identified. Occurs with fungible goods. --If confusion occurs as a result of agreement, an honest mistake, or the act of some third party, the owners share ownership and will share any loss in proportion to their ownership interests in the property. --If goods are confused due to an intentional wrongful act, then the innocent party ordinarily acquires title to the whole.

Acquiring ownership of personal property (5 ways)

1. can purchase it (can purchase virtual property too) 2. Can inherit it 3. Possession 4. Production 5. Gifts

distinctiveness of mark 1. fanciful/arbitrary mark 2. Suggestive marks 3. Descriptive marks 4. Generic marks 5. Strong marks 6. Secondary meaning 7. Generic terms

1. fanciful/arbitrary marks: employ words and phrases with no commonly understood connection to the product. These are the two strongest categories and trigger the highest degree of trademark protection 2. Suggestive marks: suggest a product's features and require consumers to use some imagination to associate the suggestive mark with the product, are in the middle of the spectrum. 3. Descriptive marks: define a particular characteristic of the product in a way that does not require any imagination 4. Generic marks: describe the product in its entirety and are not entitled to trademark protection. 5. Strong marks: fanciful and arbitrary marks receive automatic protection because they serve to identify a particular product's source, as opposed to describing the product itself. (EX: xerox and google). Suggestive marks can be transformed into strong marks by achieving a high degree of marketplace recognition, such as through substantial advertising 6. Secondary meaning: Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a secondary meaning. A secondary meaning may arise when customers begin to associate a specific term or phrase (such as Calvin Klein) with trademarked items (designer goods). Once a secondary meaning is attached to a term or name, a trademark is considered distinctive and is protected. 7. Generic terms: terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings

1. Real Property (real estate/realty) 2. land

1. includes subsurface and airspace rights, as well as personal property that has become permanently attached to the real property. It is immovable 2. includes the soil, the natural or artificial structures that are attached to it and all the waters contained on or under the surface and much, but not necessarily all, of the airspace above it. exterior boundaries of land extend from center of the earth to the atmosphere (subject to certain qualifications)

1. mislaid property 2. lost property -conversion -estray statutes 3. abandoned property

1. mislaid property: Property that is placed somewhere voluntarily by the owner and then inadvertently forgotten. A finder of mislaid property will not acquire title to the goods, and the owner of the place where the property was mislaid becomes a caretaker of the mislaid property. 2. lost property: Property that is involuntarily left by the owner. A finder of lost property can claim title to the property against the whole world except the true owner. owner> finder> third party when it comes to ownership -conversion: is a tort that occurs with the wrongful taking of another's property→ happens when finder of lost property knows the true owner and fails to return the property -estray statutes: Statutes defining finders' rights in property when the true owners are unknown. Item must be lost property. Estray statutes usually require the finder or the county clerk to advertise the property in an attempt to help the owner recover it. 3. abandoned property: Property that has been discarded by the true owner, who has no intention of reclaiming title to the property in the future. A finder of abandoned property can claim title to it against the whole world, including the original owner. -Cannot acquire abandoned property through trespassing -Lost property becomes abandoned property when the owner completely gives up their search

1. nonpossessory interest 2. nonpossessory right 3. profit 4. easement or profit appurtenant 5. easement or profit in gross

1. nonpossessory interest: In the context of real property, an interest that involves the right to use land but not the right to possess it. easement 2. A nonpossessory right: established by express or implied agreement, to make limited use of another's property without removing anything from the property (such as walking on or driving on property). 3. Profit: In real property law, the right to enter onto another's property and remove something of value from that property. 4. easement or profit appurtenant: arises when the owner of one piece of land has a right to go onto or remove something from an adjacent piece of land owned by another. The land that is benefited by the easement or profit is called the dominant estate, and the land that is burdened is called the servient estate. Can be transferred when land is transferred. 5. easement or profit in gross: the right to use or take things from another's land is given to one who does not own an adjacent tract of land. These easements or profits are intended to benefit a particular person or business, not a particular piece of land, and cannot be transferred. -EX: allow mining company to mine on your land

1. ownership of real property 2. ownership in fee simple -duration -limitations on use (nusiance)

1. ownership of real property (as well as personal property) can be viewed as a bundle of rights, including the right to possess the property and to dispose of it by sale, gift, lease, or other means. 2. Ownership in fee simple: One who possesses the entire bundle of rights is said to hold the property in fee simple .Owners in fee simple are entitled to use, possess, or dispose of the property as they choose during their lifetimes. The owners have the rights of exclusive possession and use of the property. They can give the property away, sell it, or lease it. -Duration: On the fee simple owner's death, the interests in the property descend (pass down) to the owner's heirs, even in the absence of a will -Limitations on use: The rights that accompany a fee simple include the right to use the land for whatever purpose the owner sees fit. Of course, other laws, including applicable zoning regulations, noise regulations, and environmental laws, may limit the owner's ability to use the property in certain ways. Can be held liable for tort of nuisance

1. possession 2. production

1. possession: a person can become the owner of personal property merely by possessing it. An example of acquiring ownership by possession is the capture of wild animals. Those who find lost or abandoned property can also acquire ownership rights through mere possession of the property 2. production: Production—the fruits of labor—is another means of acquiring ownership of personal property. For instance, writers, inventors, and manufacturers produce personal property and thereby acquire title to it.

1. real property 2. personal property -tangible -intangible

1. real property: Land and everything permanently attached to it, such as trees and buildings. 2. personal property (chattel): Property that is movable. Any property that is not real property. -tangible: Tangible personal property: has physical substance (car, construction equipment) -intangible: intangible property: represents some set of rights and interests but has no physical substance. Stocks and bonds, patents, trademarks, and copyrights—as well as digital property

Real vs personal property 1. taxation 2. acquisition

1. taxation: property taxes on real property; tax rate is based on market value of the real property. Businesses pay taxes on personal property they own, use or lease (like office or farm equipment). Individuals may pay sales tax when purchasing personal property, but generally they are not required to pay annual taxes on personal property that is not used for business. 2. acquisition: Personal property can be transferred with a minimum of formality—such as by selling goods on eBay or at a garage sale. real property transfers generally involve a written sales contract and a deed that is recorded with the state.

4. Transferring rights to leased property -assignment -sublease

4. Transferring rights to leased property -Assignment: Tenants who transfer their entire interest in the leased property to a third person have agreed to an assignment of the lease. Many leases require the landlord's written consent for an assignment to be valid. When an assignment is valid, the assignee acquires all of the tenant's rights under the lease. Nevertheless, an assignment does not release the original tenant (the assignor) from the obligation to pay rent should the assignee default. if the assignee exercises an option under the original lease to extend the term, the assignor remains liable for the rent during the extension, unless the landlord agrees otherwise. -Sublease: The tenant's transfer of all or part of the premises for a period shorter than the lease term. Many leases also require the landlord's written consent for a sublease.

1. Gifts 2. requirements A) donative intent B) delivery --constructive delivery --dominion C) acceptance --gift inter vivos --gift causa mortis

A) donative intent: on the part of the donor (the one giving the gift)--> dictated through language and circumstances (A court may look at the relationship between the parties and the size of the gift in relation to the donor's other assets) B) delivery: The gift must be delivered to the donee. Delivery may be accomplished by means of a third person who is the agent of either the donor or the donee. --constructive delivery: A symbolic delivery of property that cannot be physically delivered. Constructive delivery is always necessary for gifts of intangible property, such as stocks, bonds, insurance policies, and contracts. What will be delivered are documents that represent rights and are not, in themselves, the true property EX: delivering a key to a person for the contents of a safe --dominion: Ownership rights in property, including the right to possess and control the property. An effective delivery also requires giving up complete control and dominion over the gift. C) acceptance: by the donee (the one receiving the gift). --gift inter vivos: A gift made during one's lifetime and not in contemplation of imminent death, in contrast to a gift causa mortis. --gift causa mortis: A gift made in contemplation of imminent death. The gift is revoked if the donor does not die as contemplated. This must meet the three prior conditions and more: 1) does not become absolute until the donor dies- gift is revoked if person survives; 2) automatically revoked if donee dies

negligence and strict liability to pollution -toxic torts

An injured party may sue a business polluter under the negligence and strict liability theories discussed in the torts chapter. A negligence action: is based on a business's alleged failure to use reasonable care toward a party whose injury was foreseeable and was caused by the lack of reasonable care Businesses that engage in ultrahazardous activities—such as the transportation of radioactive materials—are strictly liable for any injuries the activities cause. Injured party does not need to prove that business failed to exercise reasonable care --toxic torts: A civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste.

Bailment

is formed by the delivery of personal property without transfer of title by one person, called a bailor, to another, called a bailee. Done to loan, lease, store, repair, or transport the property. No passage of title and no intent to transfer title. Although bailments typically arise by contract, not all of the elements of a contract must necessarily be present for a bailment to be created.

Conversion of real into personal property and vice versa -crops that need to be planted every year?

real property can be turned into personal property by detaching it from the land. If the property is sold, all the vegetation growing on the land normally is transferred to the new owner of the real property. Crops that need to be planted every year are an exception to real property Once items are severed (removed) from the land, they become personal property. personal property may be converted into real property by permanently attaching it to the real property. Personal property that is affixed to real property in a permanent way, such as tile installed in a house, is known as a fixture.

elements of a bailment: agreement

that the property will be returned to the bailor or otherwise disposed of according to its owner's directions. -A bailment agreement can be express or implied. -Although a written contract is not required for bailments of less than one year (that is, the Statute of Frauds does not apply) -It is assumed that the bailee will return the identical goods originally given by the bailor. In certain types of bailments, such as bailments of fungible goods, however, the property returned need only be equivalent property.