Question 1

Accession refers to an increase in the market value of a piece of property.

Accepted Answer

A) True 
 B)False

Question 2

Karen is going downtown to shop.She pulls her car into a parking lot,stops,pays for and receives a ticket,parks her car,and leaves.Karen keeps her keys and may get her car at any time.Several hours later,when Karen returns,she learns her car has been stolen.Which of the following statements best describes this situation?

Accepted Answer

A)  This is a bailment. 
B)  This is not a bailment because there is no personal property. 
C)  This is not a bailment because there was no taking of possession by a bailee. 
D)  This is not a bailment because the bailee had no duty to return the goods. 
E)  This is not a bailment because there was no compensation paid. 
A)  This is a bailment. 
B)  This is not a bailment because there is no personal property. 
C)  This is not a bailment because there was no taking of possession by a bailee. 
D)  This is not a bailment because the bailee had no duty to return the goods. 
E)  This is not a bailment because there was no compensation paid.

Question 3

Accession that occurs naturally usually belongs to the first buyer to give notice to the seller.

Accepted Answer

A) True 
 B)False

Question 4

A gift requires actual delivery in order to be effective.

Accepted Answer

A) True 
 B)False

Question 5

Real property can become personal property if it is removed from the land.

Accepted Answer

A) True 
 B)False

Question 6

Title to goods may not be acquired by confusion.

Accepted Answer

A) True 
 B)False

Question 7

In order to be legally effective to transfer title,a gift must meet all of the following requirements except:

Accepted Answer

A)  present intent by the donor to make the gift 
B)  consideration on the part of the donee 
C)  delivery of the subject matter to the donee 
D)  acceptance of the gift by the donee 
A)  present intent by the donor to make the gift 
B)  consideration on the part of the donee 
C)  delivery of the subject matter to the donee 
D)  acceptance of the gift by the donee

Question 8

The finder of lost property acquires the same rights as the finder of mislaid property.

Accepted Answer

A) True 
 B)False

Question 9

Kim goes to a restaurant for supper.She gives her expensive jacket to the coat-check person and receives a claim check.Later,when Kim is about to leave,she discovers that her jacket is missing.Which of the following best describes this situation?

Accepted Answer

A)  This is a bailment. 
B)  This is not a bailment because there is no personal property. 
C)  This is not a bailment because there was no taking of possession by a bailee. 
D)  This is not a bailment because the bailee had no duty to return the goods. 
E)  This is not a bailment because there was no compensation paid. 
A)  This is a bailment. 
B)  This is not a bailment because there is no personal property. 
C)  This is not a bailment because there was no taking of possession by a bailee. 
D)  This is not a bailment because the bailee had no duty to return the goods. 
E)  This is not a bailment because there was no compensation paid.

Question 10

Melissa's cat Fluffy has a litter of five kittens.Melissa owns the kittens by:

Accepted Answer

A)  gift 
B)  accession 
C)  confusion 
D)  inheritance 
E)  bailment 
A)  gift 
B)  accession 
C)  confusion 
D)  inheritance 
E)  bailment

Question 11

If a farmer takes some grain to a storage facility and later returns to retrieve an equal quantity of grain that is not the same grain placed in storage,the farmer has acquired ownership of the retrieved grain by:

Accepted Answer

A)  succession 
B)  production 
C)  accession 
D)  mixture 
E)  confusion 
A)  succession 
B)  production 
C)  accession 
D)  mixture 
E)  confusion

Question 12

Generally,minerals,crops,and timber are personal property both while attached to the land and when severed from the land.

Accepted Answer

A) True 
 B)False

Question 13

Roger buys lumber and supplies and builds a very expensive desk.Roger has acquired title to this desk by:

Accepted Answer

A)  purchase 
B)  production 
C)  gift 
D)  accession 
E)  confusion 
A)  purchase 
B)  production 
C)  gift 
D)  accession 
E)  confusion

Question 14

Courts presume that a gift was accepted unless there is evidence to the contrary.

Accepted Answer

A) True 
 B)False

Question 15

The distinction between lost property and mislaid property depends upon:

Accepted Answer

A)  whether the true owner later finds it 
B)  whether the true owner intentionally placed the property in the place where it was found 
C)  whether the property belonged to a minor or an adult 
D)  whether the property was found on public or private property 
A)  whether the true owner later finds it 
B)  whether the true owner intentionally placed the property in the place where it was found 
C)  whether the property belonged to a minor or an adult 
D)  whether the property was found on public or private property

Question 16

In property law,confusion refers to an owner being unable to determine the extent of his property.

Accepted Answer

A) True 
 B)False

Question 17

Fixtures are removed by the seller of real property when the real property is sold.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following situations is not a bailment for mutual benefit?

Accepted Answer

A)  Acme Moving Company agrees to haul Smith's furniture from Maine to California. 
B)  John's neighbor agrees to watch John's cat while John is on vacation. 
C)  Ajax Warehouse agrees to store Jane's piano in its warehouse. 
D)  Rocko's Dry Cleaners agrees to store Rachel's fur coat for the summer. 
E)  George's Rent-All rents Jack a floor sander. 
A)  Acme Moving Company agrees to haul Smith's furniture from Maine to California. 
B)  John's neighbor agrees to watch John's cat while John is on vacation. 
C)  Ajax Warehouse agrees to store Jane's piano in its warehouse. 
D)  Rocko's Dry Cleaners agrees to store Rachel's fur coat for the summer. 
E)  George's Rent-All rents Jack a floor sander.

Question 19

Assuming that the true owner cannot be found which of the following is most likely to be considered mislaid property?

Accepted Answer

A)  a wallet found on the seat of an airplane 
B)  a pair of sunglasses on the floor of an airplane 
C)  a purse in the overhead storage bin above a seat in an airplane 
D)  an unopened bag of peanuts on the floor of an airplane 
A)  a wallet found on the seat of an airplane 
B)  a pair of sunglasses on the floor of an airplane 
C)  a purse in the overhead storage bin above a seat in an airplane 
D)  an unopened bag of peanuts on the floor of an airplane

Question 20

What is the logic behind the three different levels of the duty of care owed for bailments depending on who benefits from the bailment? Should these distinctions be eliminated? If so,what is the appropriate level of care to apply to all bailments?

Accepted Answer

The general idea was that the greater th

Exam 47: Personal Property and Bailment

Accession refers to an increase in the market value of a piece of property.

Accession that occurs naturally usually belongs to the first buyer to give notice to the seller.

A gift requires actual delivery in order to be effective.

Real property can become personal property if it is removed from the land.

Title to goods may not be acquired by confusion.

In order to be legally effective to transfer title,a gift must meet all of the following requirements except:

The finder of lost property acquires the same rights as the finder of mislaid property.

Kim goes to a restaurant for supper.She gives her expensive jacket to the coat-check person and receives a claim check.Later,when Kim is about to leave,she discovers that her jacket is missing.Which of the following best describes this situation?

Melissa's cat Fluffy has a litter of five kittens.Melissa owns the kittens by:

If a farmer takes some grain to a storage facility and later returns to retrieve an equal quantity of grain that is not the same grain placed in storage,the farmer has acquired ownership of the retrieved grain by:

Generally,minerals,crops,and timber are personal property both while attached to the land and when severed from the land.

Roger buys lumber and supplies and builds a very expensive desk.Roger has acquired title to this desk by:

Courts presume that a gift was accepted unless there is evidence to the contrary.

The distinction between lost property and mislaid property depends upon:

In property law,confusion refers to an owner being unable to determine the extent of his property.

Fixtures are removed by the seller of real property when the real property is sold.

Which of the following situations is not a bailment for mutual benefit?

Assuming that the true owner cannot be found which of the following is most likely to be considered mislaid property?

What is the logic behind the three different levels of the duty of care owed for bailments depending on who benefits from the bailment? Should these distinctions be eliminated? If so,what is the appropriate level of care to apply to all bailments?

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