Exam 20: Personal Property and Bailments

Jill claims that Fred, who is terminally ill and scheduled for surgery, gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine?

An ordinary gift made between two living persons is called an inter vivos gift.

At common law, a tenancy by entirety is created when property is transferred to both husband and wife.

Humberto called his friend John and asked him to come over immediately because Humberto had suffered a stroke and might be dying. In their telephone conversation, Humberto advised John that he wanted to give John his gold watch. Immediately after their telephone conversation, Humberto wrote out a will that left his share in Blackacre to John. Blackacre was the marital home of Humberto and Connie, who owned the home as tenants by the entirety. Humberto died before John arrived at Blackacre. John claims the watch and a share in the home. Connie contests both matters. Decide.

If a bailment is for the sole benefit of the bailee, the bailor has no obligation to inform the bailee of known defects.

Severalty is a form of property ownership by two or more persons.

Wrongful dominion over a principal's tangible personal property is a form of conversion.

A bailee's duty of care for bailed property depends on the type of bailment.

In a bailment, the bailee does not necessarily have to be aware that the bailed goods were placed within the Bailee's exclusive possession or control.

Vacarro gave her son Mark a car on the day Mark left for college. Vacarro told Mark that she expected him to use the car for school purposes and to earn good grades. Mark flunked out of college in his second semester. Vacarro sued to regain title to the car on the ground that the gift was conditional on Mark's earning good grades and remaining in college. Will Vacarro win the case?

Barry and Eldridge owned Blueacre as tenants in common. Eldridge died. Blueacre is owned:

To establish a gift, the party claiming to be the donee must prove:

Joint tenancy and tenancy in common both feature the right of survivorship.