Exam 35: Personal Property and Bailments

Constructive delivery occurs when property is physically transferred.

Property used by a government for a public purpose such as a park is community property.

Procter,who is not in contemplation of imminent death,tells his daughter Opal that she can have his Dodge truck on his death,whenever that happens.This is

Unlike an ordinary bailee,a warehouse company cannot limit its liability.

An unlimited number of persons can hold property as joint tenants.

A gift to a dying donee is a gift causa mortis.

The most common way to acquire personal property is to "capture" it.

Ben allows Cody to store his trailer on Ben's property for $20 a month while Cody is out of town.Later,Ben notices rainwater collecting in the trailer and covers it with a tarp at a cost of $40.This cost is most likely borne by

Rhett works at Scarlett's Sandwich Café.After work,in the parking lot,Rhett finds a diamond ring lost by Thalia.Title to the ring is possessed by

Clancy sells shares in Darling Pool & Spa Company to Eton.Clancy does not deliver the actual possession of the shares to Eton,but gives him the key to a safety-deposit box in First State Bank in which the stock certificates are locked.Presenting the key is

Faye owns the land on which Golden Spurs Ranch is situated,plus the ranch house,barn,and other structures permanently attached to the land.Faye's brother Huey owns everything else in the ranch's operation-livestock,feed,and so on.The personal property is owned by

Common carriers are held to a standard of care based on strict liability in protecting bailed property in their possession.

In most bailments,the bailor must notify the bailee of hidden defects that the bailor knows or could have discovered with reasonable diligence.

A person acquires title to fungible goods by mixing them.

Idaho Farms mistakenly puts its potatoes in Jackson Co-op's storage bin,which already contains Kelly Spud Farm's potatoes.It is impossible to tell which potatoes originally belonged to which party.This is

Fact Pattern 35-1 Town Transport Company (TTC) agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC un¬loads one container, the other disappears from TTC’s loading dock. -Refer to Fact Pattern 35-1.These facts give rise to

For an effective bailment,the bailor must deliver possession of the bailed property with its title.

Helen owns heavy construction equipment and the tools to service it,as well as office furniture,including computers.Ilya owns a number of patents,trademarks that identify the products made under those patents,and stock in the company that sells those products.Personal property includes the items owned by

Property voluntarily placed by its owner and inadvertently forgotten is mislaid property.

Fanny buys clay to throw pottery,which is glazed and fired in a kiln.The finished products are sold to Gifte Shoppe,which sells these items and others to customers who often present them as gifts.Thus,property can be acquired in various ways.The most common way to acquire personal property,however,is to