Chapter 20

​When a bailor sues the bailee for damages to the bailed property, who has the burden of proving fault and that such fault was the proximate cause of the bailor's loss?

bailor

​Barry and Eldridge owned Blueacre as tenants in common. Eldridge died. Blueacre is owned:

by barry and eldridge's heirs

In a bailment, the person who turns over the possession of bailed property is the bailee, and the person who accepts possession is the bailor.

false

In certain cases, real property can constitute a bailment.

false

In order for a bailment to be valid, the bailor must be the owner of the subject property.

false

Severalty is a form of property ownership by two or more persons.

false

​If Susan rents a locked space in a U-Haul storage facility, she and U-Haul:

have not created a bailment because there was no delivery of goods

​Warren brought his television in for repairs. After Warren left the store, gunmen came in to rob the proprietor. As they ran out, Warren's television was knocked over and destroyed. Warren demanded that the proprietor of the store compensate him for the fair market value of the television. The bailee:

is not liable, since the damage was caused by the criminal act of a third party

​A bailee's __________ gives the bailee the right to maintain possession of the bailed property until reasonable storage and/or repair charges are paid.

lien

​A bailee's interest in the bailed property can be characterized as:

possession

​__________ property means land and things embedded in the land.

real

​Sylvia and Morris were married and owned their home as tenants by the entirety. When Morris died, his will said that he left his half of his home to his brother Tim. Who owns the home at Morris's death?

the home is now owned solely by sylvia

A right in a thing is considered property.

true

An ordinary gift made between two living persons is called an inter vivos gift.

true

At common law, a tenancy by entirety is created when property is transferred to both husband and wife.

true

Personal property is lost when an owner does not know where it is located but intends to find it.

true

Proper delivery of a car would be satisfied with the delivery of a key.

true

The intent to make a gift requires an intent to transfer title at that time.

true

Title to abandoned property is acquired by the first person who obtains possession and control of the property.

true

Upon the death of a joint tenancy with a right of survivorship, that deceased joint tenant's share passes to the remaining tenants equally.

true

​Jill claims that Fred, who is terminally ill and scheduled for surgery, gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine?

whether Fred made a gift causa mortis

​Bailments may be:

​created orally or through a writing.

​A gift causa mortis does not become irrevocable until the donor ______ from the contemplated event, but it is ______ revoked if the donor survives.

​dies, automatically

​Tom established a bank account for his daughter Mary under the Uniform Gifts to Minors Act. Tom named himself the custodian. Later, Tom had a serious disagreement with Mary and ordered the bank to transfer the money in that account to a similar account maintained in the same bank for Tom's son Ed. The bank must:

​refuse Tom's order, because this would clearly not be for the benefit of Mary.