Exam 49: B: Personal Property and Bailments

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

In a commercial bailment,the bailee must exercise ordinary care.

Beta Company arranges to have Carrier Corporation,a common carrier,transport fifty HDTVs from New York to California.Dan is Carrier's driver.Carrier will not be liable to Beta for failing to deliver the TVs on time if

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston.Subject to a bailment is

Delivery of intangible personal property must always be accomplished by actual delivery.

A gift is a voluntary transfer of property for which no consideration is given.

A gift causa mortis does not become absolute if the donor does not die.

Jennifer finds a full duffel bag that she believes may be subject to an es?tray statute.Estray statutes apply to

A finder of lost property can claim title to the property against the whole world-except the true owner.

During a storm on Blue Lake,a boat sinks,but its owner Cappy survives.Cappy plans to return to the site of wreck to salvage its equipment and his possessions,but he delays.Meanwhile,Dick,an amateur diver,discovers the wreck and strips it clean of useful items.Cappy learns of the recovery and files a suit against Dick,claiming that the items are his.Dick responds that the sunken boat was abandoned and therefore he has good title to whatever he took possession of.What is the court likely to rule,and why?

Tab stores video equipment with U-Store-It,Inc. ,under a contract that excuses the warehouser from liability for any damage.A fire due to U-Store-It's negligence destroys the equipment.The loss is most likely to be imposed on

Property voluntarily placed by its owner and inadver?tently forgotten is abandoned property.

Those who find lost property cannot acquire ownership rights through mere possession of it.

A trade fixture is personal property that is installed for a commercial purpose by a tenant.

Rocco gives Sequoia a computer as a gift.Using the computer,Sequoia develops a new computer game,for which she obtains intellectual property protection,and forms Titan Games,LLC,to make and market the game.Sequoia's ac?quisition of the game is by

Frenchy's Fast Fries (3F)requires that its employees wear uniforms and protective clothing while on the job.3F provides a locker room for the employees to leave their street clothes and personal items while working.A sign on the back of the locker room door states,"Frenchy's is not re?sponsible for the loss of any property in the locker room." Grant,a 3F employee,changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker.When he returns after his shift,the wallet and watch are gone.Does Grant's leaving personal items in the locker room constitute a bailment? If so,what type of bailment? If not,what legal relationship is it? Does 3F's sign exculpate the com?pany for Grant's loss? Why or why not?

Baksheesh owns a house.In the house,on a tile floor is a throw rug.Most likely to meet the definition of a fixture is

Kade and Lila each press certain quantities of olive oil to sell to Mediterranean Products,Inc. ,and agree to share storage costs until Mediterranean can take delivery.The oil is commingled so that Kade's cannot be distinguished from Lila's.This is

If the bailed property has been lost or is returned damaged,a court will presume that the bailee was negligent.

Tangible personal property represents a set of rights and interests but has no real physical existence.