Exam 30: Personal Property and Bailment

Stephen wants to give his niece,Dawn,a piece of jewelry as a gift.Stephen gives Tracy,his agent,the bracelet to take to Dawn.The delivery element of making a gift has been completed.

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(True/False)

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Question 1

Correct Answer:

Verified

False

Discuss a bailor's liability for defects in the bailed property.

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(Essay)

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Question 2

Correct Answer:

Verified

The bailor's liability for defects depends on the type of bailment.If the bailor gains an advantage from the bailment,he has greater potential liability.If the bailment is for the sole benefit of the bailee,the bailor must notify the bailee of any known defects that are not obvious to the bailee.If an undisclosed defect injures the bailee or others,the bailor is liable.In a mutual-benefit bailment,the bailor is liable not only for known defects but also for unknown defects that the bailor could have discovered with reasonable diligence.If a bailor operates a business of renting property,the bailment is probably subject to implied warranties,such as an implied warranty that the goods are fit for their normal purposes.

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

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(Multiple Choice)

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Question 3

Correct Answer:

Verified

In a bailment the one who delivers the goods is the bailee and the one receiving them is the bailor.

(True/False)

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Question 4

Mitch takes his two best suits to Quality Cleaners and receives a ticket as a receipt.Quality tells Mitch his suits will be cleaned and will be ready to be picked up on Monday.Another customer overhears the exchange and early on Monday goes to Quality,convinces the worker he is Mitch but that he has lost his receipt.He identifies and retrieves the suits,which happen to fit him perfectly,too.Quality Cleaners:

(Multiple Choice)

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Question 5

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon.This is:

(Multiple Choice)

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Question 6

Most of the goods contained in a freight train (a common carrier)were destroyed when a tornado wrecked the train.The carrier was sued for damages by all the shippers that had merchandise on the train.Is the carrier strictly liable for the damage done to the goods by the tornado?

(Essay)

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Question 7

Select the correct answer:

(Multiple Choice)

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Question 8

Jeannie carelessly packed her grandmother's antique glassware and had it shipped to her 30-year-old daughter,Abby,via Common Freight Carriers.When the china arrived at Abby's house,most of the pieces were broken.As between Jeannie and Common Freight Carriers,who will bear the loss?

(Multiple Choice)

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Question 9

Jody loaned her neighbor,Phil,her snow blower.Phil set it near his driveway,and later accidentally ran over and destroyed it.In a suit to recover damages,Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

(True/False)

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Question 10

In January,Erwin told David,his nephew,that he would give him a car when he graduates from college.David graduated in May.If Erwin refuses to give David a car,David can sue him for breach of an inter vivos gift.

(True/False)

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Question 11

Beth owned an original United States flag.She had previously loaned the flag to Ross,a lawyer,so that he could display the flag on the wall behind his office desk.One day while visiting Ross in his office and admiring the flag,Beth said to Ross,"You are so fond of that flag,I would like you to have it!" Ross responded with a gracious "thank you." In this situation:

(Multiple Choice)

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Question 12

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California.As a bailee,Charles is automatically entitled to use Tuan's car while Tuan is away.

(True/False)

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Question 13

Darlene lent Jeff her car to go to a job interview. She did not tell him her brakes were going out. While driving to the job interview the brakes went out on Jeff and he cause a major accident resulting in his hospitalization. Who is liable for the damages?

(Multiple Choice)

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Question 14

Distinguish between a contract and a gift.Give an example of each.

(Essay)

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Question 15

Buck,fearing death from severe injuries suffered in a machinery accident,assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl,a friend,who gladly accepts.Buck ends up recovering from the injuries.Why must Pearl give the certificate of deposit back to Buck?

(Multiple Choice)

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Question 16

A bailment is different from a gift because:

(Multiple Choice)

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Question 17

While shopping at the mall,Everett's wallet fell out of his pocket.Jon found the wallet.The wallet is abandoned property and Jon may keep it.

(True/False)

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Question 18

Which of the following is/are generally subject to a standard of strict liability for bailed goods?

(Multiple Choice)

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Question 19

All bailments have to be by agreement between the bailor and bailee.

(True/False)

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Question 20

Showing 1 - 20 of 48

Exam 30: Personal Property and Bailment

Stephen wants to give his niece,Dawn,a piece of jewelry as a gift.Stephen gives Tracy,his agent,the bracelet to take to Dawn.The delivery element of making a gift has been completed.

Discuss a bailor's liability for defects in the bailed property.

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

In a bailment the one who delivers the goods is the bailee and the one receiving them is the bailor.

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon.This is:

Most of the goods contained in a freight train (a common carrier)were destroyed when a tornado wrecked the train.The carrier was sued for damages by all the shippers that had merchandise on the train.Is the carrier strictly liable for the damage done to the goods by the tornado?

Select the correct answer:

Jeannie carelessly packed her grandmother's antique glassware and had it shipped to her 30-year-old daughter,Abby,via Common Freight Carriers.When the china arrived at Abby's house,most of the pieces were broken.As between Jeannie and Common Freight Carriers,who will bear the loss?

Jody loaned her neighbor,Phil,her snow blower.Phil set it near his driveway,and later accidentally ran over and destroyed it.In a suit to recover damages,Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

In January,Erwin told David,his nephew,that he would give him a car when he graduates from college.David graduated in May.If Erwin refuses to give David a car,David can sue him for breach of an inter vivos gift.

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California.As a bailee,Charles is automatically entitled to use Tuan's car while Tuan is away.

Darlene lent Jeff her car to go to a job interview. She did not tell him her brakes were going out. While driving to the job interview the brakes went out on Jeff and he cause a major accident resulting in his hospitalization. Who is liable for the damages?

Distinguish between a contract and a gift.Give an example of each.

Buck,fearing death from severe injuries suffered in a machinery accident,assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl,a friend,who gladly accepts.Buck ends up recovering from the injuries.Why must Pearl give the certificate of deposit back to Buck?

A bailment is different from a gift because:

While shopping at the mall,Everett's wallet fell out of his pocket.Jon found the wallet.The wallet is abandoned property and Jon may keep it.

Which of the following is/are generally subject to a standard of strict liability for bailed goods?

All bailments have to be by agreement between the bailor and bailee.

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