Blaw chapter 33

Which of the following would be defined as property? (Check all that apply)

A patent A building Twenty (20) acres of land

_______ can relive bailees of their liability for bailed property

Disclaimers

If you are an involuntary bailee, you may have a right or a duty to do what with the property?

Find the owner

What is the bailee's standard of care in a bailment relationship?

He must take reasonable care of the property that has been entrusted to him.

Which of the following types of property has no physical existence?

Intangible

Property can be divided into many classifications. Which of the following are considered categories of property? (Check all that apply)

Real property Personal property

What documents in our Anglo-American legal tradition deal with property rights? (Check all that apply)

The United States Constitution The Magna Carta

The essential elements of a bailment include which of the following? (Check all that apply)

The bailor must own or have the right to possess the item of property The bailor must deliver exclusive possession and control

Which of the following is not an example of the state's police power regarding property?

The power to file a writ of certiorari on property

Adults can make gifts of money or securities to minors in the donee's name under the

Uniform Gifts to Minors Act

Suppose that property is mistakenly improved in good faith by someone who believes that he is its owner. Whether the original owner has the right to recover the property after paying for the improvements depends on which of the following? (Check all that apply)

Whether the improvements can be separated from the original property Whether the form or identity of the property has changed The relative increase in the value of the property

Property is considered to be ______ when the owner intentionally placed the property out of his possession with the intent to relinquish it.

abandoned

A common carrier is a(n) ______ of the goods it carries.

absolute insurer

The consequences of property classified as mislaid are that the finder ______.

acquires no rights to the property

If the bailment is for rental property, then the bailee must pay the

agreed upon rental rate

A bailment is created by

an express contract an implied contract

Most courts have determined that the renter of a safe deposit box is a(n) ______.

bailor

A bailment is delivery of personal property by a person known as a ______ to another person known as a ______.

ballor, bailee

If the statute of limitations has run on lost or unclaimed property, the finder ______.

becomes the legal owner of the property

The finder of abandoned property who takes possession with the intent to own it ______.

becomes the owner of the property

A conditional gift is not a completed gift and may be revoked by the donor ______.

before the donee complies with the condition

If you loan your neighbor your grill for his cookout this is a bailment for

benefit of the bailee

A bailment for the sole benefit of the bailor is one where the bailee renders some service

but does not receive a benefit in return

Bailees who are _____ are held to a higher standard of responsibility than private carriers

common carriers

Hotel keepers own a higher standard of care to the public like

common carriers

People who are licensed by government agencies to carry the property of anyone who requests the service are known as

common carriers

A gift causa mortis is a(n) ______ gift.

conditional

Suppose that wheat belonging to several farmers are mixed in a grain elevator. If the mixing was by agreement, of if it resulted from an accident without negligence on anyone's part, each farmer owns her proportionate share of the entire quantity of wheat according to the law of ______.

confusion

If you find yourself in possession of property that belongs to someone else without agreeing to accept possession, you are known as a(n) ______. (Check all that apply)

constructive bailee involuntary bailee

Private _______________ are person who carry goods only for person selected by the carrier

contract carriers

If a shopkeeper entrusts goods to a clerk in the store, the shopkeeper has given the clerk ______ of the goods, and there ______ been a bailment of the goods to the clerk.

custody; has not

Courts do not like _________ that are on a take it or leave it basis that bailors did not have and arm's length bargaining power in the bailment process.

disclaimers

The person who finds lost property ______.

does not acquire ownership of the property

The ______ is the person who gives the gift and receives no consideration in return

donor

If you rent a safe-deposit box from the bank, courts have determined that the bank is obligated to use ______ care in taking care of the property entrusted to it.

due

Which amendment to the United States Constitution provides that no person shall be deprived of life, liberty or property without due process of law?

fifth

A concrete block in the wall of a commercial building is an example of a(n) ______.

fixture

If the bailee is doing a favor for the bailor, the bailee is only liable for ______.

gross negligence

If a hotel keeper is engaged in the business of offering lodging and food to persons they are considered held to a ____________ than the ordinary bailee

higher standard of care

Today the most common way(s) that personal property are acquired by possession are

hunting or fishing wildlife through abandoned property

Real property can be turned into personal property ______.

if it is detached from the earth

When personal property is rented or loaned, the bailor makes a(n) _____ that there are no hidden defects in the property that would make it unsafe to use

implied warranty

Traditionally, gifts given in contemplation of marriage, such as engagement rings, were considered to have been made on an ______ condition that they are to be returned if the ______ breaks the engagement ______ legal justification or if it is broken by mutual consent.

implied; donee; without

A critical requirement in the creation of a bailjment is whether the person to whom the property was delivered

intended to assume possession and control

A gift ______ is a gift between two living persons.

inter vivos

If the bailment is a favor, then the bailee

is not entitled to compensation

Courts will generally not allows disclaimers if

it was not subject to an arms length bargaining they are on a take it or leave it basis

A few courts have held that rental of a safety deposit box is a(n) ______ and not a bailment.

lease

The word property has a variety of meanings, including ______. (Check all that apply)

legal rights connected with an object legal rights that have economic values

The type of bailment can be important in determining the ______ of the bailee for loss or damages to the property.

liability

If the bailment is for the sole benefit of the bailee, the bailor is ______.

liable for injuries that result from defects in the bailed property only if the bailor knew about the defects and did not tell the bailee

Ownership gives the property owner the right to ______.

license the use to others sue if someone else tries to use it without the property owner's consent buy, sell, or trade the property

A (n) _____ can be put on a mutual benefit bailment bailed property for the reasonable value of the services until the bailor has paid the agreed price

lien

If you take your car to the mechanic to get new tires, the mechanic can keep your car until you pay the agreed upon price. This is known as a(n)

lien

If Fenil's iPhone fell out of his back pocket while he was walking down the street and he does not know where it is but is frantically looking for it, his iPhone is ______ property.

lost

Property is considered ______ if the owner did not intend to part with possession of the property.

lost

Property is considered ______ if the owner placed the property somewhere and accidentally left it not intending to relinquish ownership

mislaid

If the true owner shows up to claim an involuntary bailment, the bailee ______.

must return the property

If you rent a car from AVIS rent a car this is considered

mutual bailment

If both the bailee and bailor receive a benefit from a bailment this is a

mutual benefit bailment

If goods have been damaged or lost, there is a presumption of the bailee's ______.

negligence

In order to create a bailment, the bailee must have legal ______ the goods.

possession of

In order for a gift to be valid, the donor must relinquish ______ to the donee. This is known as the ______ requirement.

possession or control; delivery

If a corporation or group of individuals own property, it is classified as ______ property.

private

If property is owned by an individual, it is classified as ______ property.

private

The most common ways to acquire property ownership are by ______ it. (Check all that apply)

producing purchasing

If there is a mutual benefit bailment, the the bailee must use ordinary care that a person would use to

protect his own property

If property is owned by a government unit, it is classified as ______ property.

public

Personal property can be attached to the earth and become ______.

real property

Personal property can be attached to the earth and become ______..

real property

The bailee is responsible for using _______ to protect the property during the time he has possession of it

reasonable care

One of the essential duties of a bailee is to ______.

return the property at the end of the bailment

The ways a common carrier can avoid legal responsibility for loss of or damage to the goods it carries include all of the following except a(n) ______.

termination of insurance

Common carriers can limit their liability to a stated value unless

the bailor declares a higher value and pays a fee

Bailments can be divided into bailments for ______. (Check all that apply)

the benefit of both the bailor and the bailee the sole benefit of the bailor the sole benefit of the bailee

If John takes his car to the shop to have a new stereo installed. John is the owner of the

the car and the improvements

In most instances, the bailee must return _______________ property that was bailed

the identical

If the owner of land where property is found has constructive possession of the property so that the property is not lost or abandoned, it belongs to ______. Multiple choice question.

the owner of the land

When abandoned property is embedded in the soil, the property belongs to ______.

the owner of the soil

The state has ______ to impose reasonable regulations on the use of property.

the police power

The essential nature of a particular society is often reflected in the way it views property, including the degree to which property ownership is concentrated in ______.

the state

If the bailment is solely for the benefit of the bailor, then the bailee may be held

to somewhat lower degree of care

The bailee is liable to the bailor if she mis-delivers the bailed property

to the wrong person at the termination of the bailment

Common carriers are not liable for perishable goods that are not in a suitable condition to be shipped and deteriorate in the course of shipment if they ______.

used reasonable care

A promise to make a gift is ______.

usually not enforceable

If a bailment does not have an agreed upon price, the bailee will receive

what the reasonable value of the services provided are

Whether a bailee in a particular case has exercised reasonable care depends on

who is benefiting from the the bailment

Today, when determining the ownership of a wild animal, one of the key factors courts look at is ______.

who owned the property from which the animal was taken

Which of the following is personal property? (Check all that apply)

A patent or a trade mark A mobile phone A computer

Which of the following is not property?

Abstract ideas

______________ means increasing the value of property by adding materials or labor

Accession

Which of the following is the intermixing of goods belonging to different owners in such a way that the goods cannot later be separated?

Confusion

Which of the following types of property has a physical existence?

Tangible

To make a valid gift, which of the following are legally necessary? (Check all that apply)

The donor must intend to make a gift The donor must deliver the gift The donee must accept the gift

To make a valid gift, which of the following are legally necessary? (Check all that apply) Multiple select question.

The donor must intend to make a gift The donor must deliver the gift The donee must accept the gift

Which of the following are not common ways to acquire ownership of property? (Check all that apply)

Theft Possession

If your neighbor allows you to park your boat in her garage for the winter and does not pay you anything, this is

a bailment for benefit of the bailor

If a gift os securities is given to a minor under the Uniform Gifts to Minors Act, the gift can be made by registering the securities

a bank trustee an adult's name a broker as custodian

When talking about ownership rights in property we are talking about

a bundle of legal rights recognized by society

If you go to a restaurant and there is a coat check room and you check your coat, a (n) _______ will arise

bailment

A gift ______ is a gift made in contemplation of death.

causa mortis

If the finder of lost property knows who the owner is and refuses to give the property back, the finder is guilty of ____________

conversion

A provision that "Goods are left at owner's risk" is a type of _______ that can attempt to relieve a bailee of liability for the bailment.

disclaimer

According to the Fifth Amendment to the United States Constitution, no person shall be deprived of life, liberty, or property without ______.

due process of law

Suppose that a thief steals Rebecca's used car, puts a new engine in it, replaces the tires, and repairs the muffler. Rebecca is ______.

entitled to get her car back, and she does not have to pay for the engine, tires, or muffler

Some states have laws known as ______ statutes that allow finders of property to clear the title to the property after proper steps are taken to find the true owner.

estray

Property may pass under the terms of a will if the will was validly ______.

executed

A(n) ______ is a piece of personal property that is used in connection with real property in a way that it is treated as if it is part of the real property.

fixture

A(n) ______ is considered a voluntary transfer of property to a donee by a donor who receives no consideration in return.

gift

If the donee has partially completed a condition the donor cannot withdraw the gift without ______.

giving the donee an opportunity to comply fully

If a person mistakenly improves property ______ that belongs to someone else, that person is entitled to recover the cost of improvements.

in good faith

If the bailee does not exercise reasonable care and the property is lost or damaged, the bailee is liable for

negligence

Reasonable care includes using the property

only as was agreed between the parties

A finder who sells the property he finds passes to the purchaser

only the rights the finder has

If property is stolen from one person and improved by a thief, the original owner can get his property back and ______.

owes no money for the work or materials

The bailee's basic duties include ______. (Check all that apply)

returning the property at the end of the bailment taking reasonable care of the property

A baliment for the sole benefit of the bailee is one in which the owner of the goods allows

someone else to use them free of charge

If there is no will, personal property is transferred to heirs of the owner according to ______.

state law

The growing judicial trend in determining who receives the engagement ring after a broken engagement is to ______.

take a no-fault approach

In very early times, the most common way to acquire ownership of personal property was by ______.

taking possession of unowned property

The distinction between tangible and intangible property is important for ______. (Check all that apply)

tax purposes estate planning

If a donor unjustifiably breaks an engagement, the traditional approach is that ______.

the donee keeps the ring

A gift cause mortis reverts back to the donor if ______. (Check all that apply) Multiple select question.

the donor recovers from the affliction contemplated the donee dies before the donor the donor revokes the gift before he dies

A gift cause mortis reverts back to the donor if ______. (Check all that apply)

the donor recovers from the affliction contemplated the donor revokes the gift before he dies the donee dies before the donor

Factors that the court will use to determine reasonable care include

the experience of the bailee whether the bailment was free or for payment the nature and value of the property