Exam 48: The Nature of Property, Personal Property, and Bailments

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

A promise to make a gift is generally enforceable.

[Stolen Bicycle] Jason borrowed his friend Sabrina's bicycle. She told him that she was happy to let him to use it for free, but that she would appreciate him taking good care of it. Jason said nothing in reply. Jason lived in a high crime neighborhood, but he left the bicycle unlocked on his deck anyway. The next morning, he discovered that the bicycle had been stolen. Jason told Sabrina that he was very sorry about the bicycle. Sabrina told him that she expected him to pay for it. Jason refused on the basis that a thief took the bicycle. Jason told Sabrina that he believes he knows the identity of the thief and that since only Sabrina has the right to sue to recover the property, he has no further responsibility. -Which of the following statements is true regarding Jason's obligation to Sabrina?

Which of the following statements is NOT true regarding common carriers?

Fasha was using her computer at the library in a study room. When she was done with her computer, she put it on the floor to clear the desk to work on another project. She leaves without taking the computer with her. This type of property is known as ________.

Under Italian law, instances of usucapione are characterized by ________

Which of the following items would best be characterized as a "fixture?"

[Stolen Cell Phone] Roxie takes her brand new cell phone to the gym after work. She places it in a locker in the woman's locker room, which is not secured. There are signs conspicuously posted on both the door to the locker room and the wall above the lockers which say "Rent a lock at the front desk for $1.00. This gym is not responsible for items stolen from unlocked lockers." Roxie reads the sign, but not wanting to delay her workout, she decides to hide the phone under her clothes in the locker. She closes the locker, but leaves it unlocked as leaves the locker room to work out. An hour later she completes her workout and returns to the locker, only to find that her new phone has been stolen from the unlocked locker. She sues the gym for the value of the phone. -Assuming that the gym is not liable, what would be the reason why?

In some states, Innkeepers can avoid strict liability for the personal property of their guests by providing a safe in which guests may store their valuables.

Which of the following statements is true regarding gifts and the imposition of conditions?

A writing is required for a bailment that will not be completed within 6 months, according to the statute of frauds.

Melia's grandmother gave Melia a diamond ring that had been passed down in the family for generations. This is an example of a(n) ________.

Mirrors and ceiling fans that are attached to the land are known as a(n):

If a bailment is intended to benefit only the bailor, the bailee is liable to the bailor for any damage to the property, even in cases of accidental or unintentional damage.

Which of the following statements does not describe a duty of a bailee?

Colleen has decided that she no longer wants her sofa and puts it on the curb. Velma can pick up the couch and keep it because it is considered ________ property.

[Shoe Store] Larry owns a store that sells a variety of men's accessories, including shoes, wallets, briefcases, and belts. While shopping in Larry's store, Ed placed his wallet on a shelf so he could look at a particular pair of shoes. When Ed walked away, he forgot to pick up the wallet and left the store without it. Another customer, Susan, noticed the wallet on the shelf a few minutes later. She hadn't seen Ed leave it there, and brought the wallet to Larry at the front counter. Larry thanked her and set the wallet aside, meaning to put it in the back office for safekeeping. However, before he could secure the wallet, Larry was distracted by a phone call. Another customer, Scott, saw the wallet on the counter, took it, and left the store. Once outside, Larry opened the wallet and looked through it. When Larry realized that the wallet contained nothing but two dollars and an expired library card, he tossed the wallet on the ground in disgust and walked away. Five minutes later, Olivia, a passerby, noticed the wallet on the ground. She decided to keep it for herself, so she picked up the wallet and took it home. -As the owner of the realty on which Ed left his wallet, what are Larry's property rights as they relate to Ed's wallet?

At common law, who were held to the same strict-liability standard of care for their guests' property as common carriers?

A good for which one unit of the good is essentially the same as every other unit of the good is known as a(n) ________

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price, a bailee is given a[n] ________.