Law & Society - Chapter 47

A grandmother leaves her diamond ring to her granddaughter in her​ will, executed on her death bed. This is an example of which of the​ following? A. a gift causa mortis B. a purchase C. a gift inter vivos D. a donor E. a delivery

A. a gift causa mortis

What is the standard of care for a bailment for the mutual benefit of the bailor and​ bailee? A. duty of ordinary care B. duty of great care C. no duty D. strict liability E. duty of slight care

A. duty of ordinary care ff: Bailments for the sole benefit of the bailor are considered gratuitous bailments. The bailee owes a duty of slight care to protect the bailed property. Bailments for the sole benefit of the bailee are also gratuitous​ bailments, but here the bailee owes a duty of utmost care or duty of great care. Mutual benefit bailments benefit both​ parties, and the bailee owes a duty of reasonable or ordinary care to protect the bailed property.

Tangible​ property, such as​ automobiles, furniture, and​ equipment, is known as​ ________ property. A. personal B. ​non-personal C. intellectual D. real E. non-intellectual

A. personal

Someone who obtains the proper fishing license acquires ownership of all the fish he or she catches. This is an example of​ ________. A. possession of unowned personal property B. possession of owned real property C. owning intellectual property D. possession of unowned real property E. possession of owned personal property

A. possession of unowned personal property

The voluntary transfer of title to property without payment of consideration by the donee is known as​ ______. 'A. a delivery B. a gift C. a fixture D. accession E. a purchase

B. a gift

Warehousers are subject to the​ rights, duties, and liability of an ordinary bailee. As​ such, they owe a​ _________ to protect the bailed property in their possession from harm or loss. A. specific performance B. duty of reasonable​ (or ordinary) care C. duty of great care D. duty of slight care E. strict liability

B. duty of reasonable​ (or ordinary) care

A patent would be an example of​ ________. A. a fixture B. intangible personal property C. ​non-intellectual property D. tangible personal property E. real property

B. intangible personal property

Property that the owner leaves somewhere due to​ negligence, carelessness, or inadvertence is known as​ ________. A. mislaid property B. lost property C. accession D. a bailment E. abandoned property

B. lost property

Property that an owner voluntarily places somewhere and then inadvertently forgets is known as​ ________. A. abandoned property B. mislaid property C. lost property D. a bailment E. accession

B. mislaid property

Suppose ABC Garment Co. delivers goods to​ Lowell, Inc., a commercial​ warehouse, for storage. A fee is charged for this service. ABC Garment Co. receives the benefit of having its goods​ stored, and​ Lowell, Inc. receives the benefit of being paid compensation for storing the goods. In this​ example, Lowell, Inc.​ _____. A. is strictly liable for the goods B. owes a duty of ordinary care to protect the goods C. owes a duty of extraordinary care to protect the goods D. is absolutely liable for the goods E. does not owe a duty of care to protect the goods

B. owes a duty of ordinary care to protect the goods ff: A mutual benefit bailment is a bailment that benefits both parties. The bailee owes a duty of reasonable care​ (or duty or ordinary​ care) to protect the bailed goods. In the subject​ case, a mutual benefit bailment was created.​ Accordingly, Lowell, Inc. owes a duty of ordinary care to protect the goods

Under common​ law, an innkeeper is liable for a​ guest's ________ that is lost or stolen from the​ innkeeper's premises even if the loss was not the​ innkeeper's fault. A. real property B. personal property C. fixtures D. liens E. abandoned property

B. personal property

What is the most common method of acquiring title to personal​ property? A. inheritance B. purchase C. possession D. capture E. gift

B. purchase

Which of the following is an INCORRECT statement regarding a bailment​ agreement? A. An example of an implied bailment is the finding and safeguarding of lost property. B. A bailment may be implied. C. The creation of a bailment requires formality. D. A bailment may be express. E. Most express bailments can be either written or oral.

C. The creation of a bailment requires formality.

A transaction in which an owner transfers his or her personal property to another to be​ held, stored, or​ delivered, or for some other purpose is known as​ ________. A. lost property B. intellectual property C. a bailment D. abandoned property E. mislaid property

C. a bailment

Suppose Felicity is on a business trip and stays in a hotel during her trip. Felicity accidentally leaves her diamond engagement ring in the hotel room she has stayed in and checks out of the hotel. The engagement ring is​ _____. A. lost​ property, and the hotel does not have a duty to return it to Felicity. B. abandoned​ property, and the hotel has a duty to return it to Felicity C. mislaid​ property, and the hotel has a duty to return it to Felicity D. abandoned​ property, and the hotel does not have a duty to return it to Felicity E. mislaid​ property, and the hotel does not have a duty to return it to Felicity

C. mislaid​ property, and the hotel has a duty to return it to Felicity

A tree that is cut down is​ _____ property. A. conditional B. intangible C. personal D. real E. intellectual

C. personal

A tree that is part of a forest is​ _____ property. A. intellectual B. intangible C. real D. personal E. conditional

C. real

A gift is​ a(n) _____ transfer of property​ _____ consideration. A. ​involuntary; with B. ​involuntary; without C. ​voluntary; without D. ​coerced; without E. voluntary; with

C. ​voluntary; without ff: The lack of consideration is what distinguishes a gift from a purchase.

Under the common​ law, innkeepers owe​ ______________regarding loss caused to the personal property of transient guests. A. a duty of slight care B. a duty of great care C. a duty of reasonable care D. a duty of strict liability E. no duty of care

D. a duty of strict liability

A gift made during a​ person's lifetime that is an irrevocable present transfer of ownership is known as​ ________. A. accession B. a delivery C. a gift causa mortis D. a gift inter vivos E. a purchase

D. a gift inter vivos

Personal property includes which of the​ following? A. all real property and physically defined personal​ property, such as​ buildings, goods,​ animals, and minerals B. property that is permanently affixed to land or buildings only C. tangible property only D. both tangible and intangible property E. intangible property only

D. both tangible and intangible property

Which of the following is an element necessary to create a​ bailment? A. consideration given by the bailee B. real property C. consideration given by the bailor D. delivery of possession E. mutual consideration

D. delivery of possession

Storm windows attached to a house would be an example of​ ________. A. real property B. intellectual property C. ​non-personal property D. fixtures E. intangible personal property

D. fixtures

Only​ _________ can be bailed. A. lost property B. real property C. fixtures D. personal property E. abandoned property

D. personal property

Common carriers are held to a duty of​ ________. If the goods are​ lost, damaged,​ destroyed, or​ stolen, the common carrier is liable even if it was not at fault for the loss. A. great care B. slight care C. specific performance D. strict liability E. reasonable care

D. strict liability

Property that is left at a garbage dump is​ _____ property and belongs to​ _____. A. ​mislaid; the first person who claims it B. ​lost; the owner C. ​abandoned; the owner D. ​abandoned; the first person who claims it E. ​lost; the first person who claims it

D. ​abandoned; the first person who claims it

Suppose the Watkins family is going on vacation and asks the​ neighbors, the​ Smiths, to feed its​ dog, which is allowed to run free. The Smiths diligently feed the​ dog, but the dog runs away and does not return. Which of the following is a correct statement regarding the liability of the Smiths for the dog. A. The Smiths are liable for the loss of the​ dog, and must find the Watkins family an identical or substantially comparable dog to replace it. B. The Smiths are liable for the fair market value of the dog. C. The Smiths are strictly liable for the loss of the dog. D. The Smiths are liable for the replacement value of the dog. E. The Smiths are not liable for the loss of the dog.

E. The Smiths are not liable for the loss of the dog. ff: A bailment for the sole benefit of the bailor is a gratuitous bailment that benefits only the bailor. This ordinary bailment arises when the bailee is requested to care for the​ bailor's property as a favor. The bailee owes only a duty of slight care to protect the bailed propertylong dash—that ​is, he or she owes a duty not to be grossly negligent in caring for the bailed goods. In the subject​ case, a bailment was created for the sole benefit of the Watkins​ family, and there was no evidence of negligence on the part of the Smiths.​ Accordingly, the Smiths are not liable for the loss of the dog.

Property that an owner has discarded with the intent to relinquish his or her rights in it is known as​ ________. A. a bailment B. mislaid property C. accession D. lost property E. abandoned property

E. abandoned property