Deck 49: A: Personal Property and Bailments

Question 1

In ordinary bailments,bailees do not have the right to limit their liability.

Answer 1

False

Question 2

In many states,a hotel is not liable for the loss of any cash or property that guests bring into their rooms if the hotel is not negligent.

Answer 2

True

Question 3

A bailor does not have a duty to compensate the bailee as reimbursement for costs incurred by the bailee in keeping the bailed property.

Answer 3

False

Question 4

Per?sonal property is sometimes referred to as personally or chattel.

Question 5

Estray statutes determine ownership rights in wild animals that have gone "estray."

Question 6

A bailment cannot be found without the elements of control and knowledge.

Question 7

If the bailed property was destroyed or stolen,through no fault of the bailee,the bailee's obligation to return the property is excused.

Question 8

A bailment of persons is possible.

Question 9

The most common way to acquire personal property is to produce it.

Question 10

An effective delivery requires that a donor retain control and dominion over the subject matter of a gift.

Question 11

One requirement of a valid gift is acceptance by the donee.

Question 12

A fixture is included in a sale of land if the contract does not provide otherwise.

Question 13

Warehouse companies are not liable for loss or damage to property resulting from negligence.

Question 14

A bailee has a responsibility to take appropriate care of the bailed property.

Question 15

A person who finds mislaid property acquires title to the goods.

Question 16

Property voluntarily placed by its owner with no inten?tion of reclaiming it is mislaid property.

Question 17

A bailee never has a right to use the bailed property.

Question 18

Trade fixtures are no exception to the rule that fixtures are a part of real property.

Question 19

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

Question 20

Businesses usually pay taxes on the personal property they own,use,or lease.

Question 21

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

A)Rhett.
B)Scarlett's.
C)Thalia.
D)the state.

Question 22

Roy leaves his pick-up truck at Sam's Auto Service for an oil change.This is a bailment for

A)neither party's benefit.
B)the parties' mutual benefit.
C)the sole benefit of the bailee.
D)the sole benefit of the bailor.

Question 23

John steals an old,battered bicycle that is parked,unlocked,in front of a convenience store.He repairs,paints,and replac?es parts on the bike un?til it is like new.The original owner,Kim,claims the bike.The bike be?longs to

A)John and Kim as owners in common.
B)John because he made substantial improvements to it.
C)John because Kim claimed it only after John improved it.
D)Kim because John stole it.

Question 24

Rikki sells shares in Sparkling Spa Company to Telsa.Rikki does not deliver the actual possession of the shares to Telsa,but gives her the key to a safety-deposit box in Unity Bank in which the stock certifi?cates are locked.Presenting the key is

A)accession.
B)constructive delivery.
C)confusion.
D)conversion.

Question 25

Patty's parents give her a car as a gradua?tion present.While Patty spends the sum?mer in Europe,her friend Rita agrees to keep the car in her ga?rage.On Patty's part,this is acquisition of property by

A)bailment.
B)capture.
C)find.
D)gift.

Question 26

With Meg's permission,Nell cuts the trees growing on Meg's land.Nell sells the timber to Olin,who converts it to a variety of wood products.Personal property includes

A)after the trees are cut,the timber and the wood products.
B)only,after the trees are cut and sold,the wood products.
C)only,after the trees are cut,the timber.
D)only the trees while they are growing on the land.

Question 27

Luna leases a commercial building to operate Mom's Diner.During the term of the lease,Luna installs a new roof and a walk-in cooler,and repaves the parking lot.Most likely to meet the definition of a trade fix?ture is

A)the cooler.
B)the parking lot.
C)the roof.
D)none of these choices.

Question 28

Baboo rents a golf cart at Country Club Golf Course.Durwood,the attendant,gives Baboo key number "12" and points to the cart lot behind the clubhouse.This is

A)constructive delivery.
B)physical delivery.
C)not a delivery until Baboo turns the key and starts the cart.
D)no delivery.

Question 29

Fact Pattern 49-1B
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 49-1B.These facts give rise to

A)a presumption of negligence by TTC.
B)a presumption of theft by a third party.
C)a presumption of theft by TTC.
D)Unlimited Sales's liability for the container's loss.

Question 30

Veritable Company stores office furniture with Warehouse Storage,Inc.(WSI),under a contract that limits the warehouse company's liability for lost or damaged property to $500.The furniture is lost through no fault of WSI.The loss is most likely suffered by

A)Veritable and WSI.
B)Veritable only.
C)WSI only.
D)neither Veritable nor WSI.

Question 31

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 opera?tion-livestock,feed,and so on.The personal property is owned by

A)Faye and Huey.
B)Faye only.
C)Golden Spurs Ranch.
D)Huey only.

Question 32

Uri borrows Vera's boat to enjoy with Wendell for a weekend.Uri runs the boat aground,damaging the hull.Liable for the cost of repairing the boat is

A)Uri and Vera equally.
B)Uri,Vera,and Webdell proportionately.
C)Uri only.
D)Vera only.

Question 33

GR8 Stores,Inc. ,hires Haul-Way Company,a common carrier,to trans?port 500 Intelo Game consoles from San Diego to Phoenix.En route,a pothole causes the truck to crash,damaging the goods.Liability for the damage most likely rests with

A)GR8 Stores and Haul-Way.
B)GR8 Stores only.
C)Haul-Way only.
D)Intelo only.

Question 34

Nouri is declared mentally incompetent.Omar,Nouri's friend,insists that she transfers her assets to him "for safekeeping." A court might conclude that this gift is not effective on the ground that there was no

A)acceptance.
B)delivery.
C)donative intent.
D)relinquishment of control.

Question 35

Fact Pattern 49-1B
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 49-1B.TTC can avoid liability

A)by proof that TTC was not negligent.
B)by proof that TTC's warehouse is located in a high-crime area.
C)by proof that Unlimited Sales was negligent in hiring TTC.
D)under any circumstances.

Question 36

Bowie owns a 1957 Chevrolet coupe,which Danica customizes and details to Bowie's specifications.The car earns several awards at regional ve?hicle customizing competition shows.The result of Danica's efforts is

A)accession.
B)acquisition.
C)conversion.
D)dominion.

Question 37

Owen takes a Paisley-made pinball machine to Quality Games,Inc. ,for repair.Lacking certain parts,Quality ships the game to Regal Company.While in Regal's possession,the game is damaged.Quality can recover for the damage from

A)no one.
B)Owen.
C)Paisley.
D)Regal.

Question 38

Grain from Harvest Farms is wrongfully commingled with grain from Idyllic Fields,which obtains possession of all of the grain.This is

A)a bailment.
B)accession.
C)confusion.
D)production.

Question 39

Danielle delivers her dress to Every Day Cleaners for dry cleaning.Every Day's clerk promises that the dress will be ready within five business days.Danielle agrees to pay the charge for the cleaning when she picks up the dress.These parties have a contract.This is

A)an implied bailment.
B)an involuntary bailment.
C)an express bailment.
D)no bailment.

Question 40

Ben allows Cody to store his trailer on Ben's property for $20 a month while Cody is out of town.Later,Ben no?tices rainwater collecting in the trailer and covers it with a tarp at a cost of $40.This cost is most likely borne by

A)Ben and Cody.
B)Ben only.
C)Cody only.
D)neither Ben nor Cody.

Question 41

Jean leaves her prom dress with Kwik 'n Kleen Launderers to be cleaned and altered for the dance.On its return,the dress is greasy and smells bad,and the alterations burst at the seams.Who suffers the loss and why?

Question 42

Jim wants to give Klio a diamond necklace that Jim has in his safe de?posit box at First National Bank.The bank is closed for a holiday.Jim gives Klio a key to the box and tells her to go to the bank after the holi?day and take the necklace.Klio does this.The next day,Jim dies unex?pectedly.Jim's heirs want the necklace.What type of gift was this? Can Klio keep it?