Exam 21: Personal Property and Bailments

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

In order for delivery to occur,a gift must actually be handed over to the recipient.

An ordinary bailment can arise without an agreement between the parties.

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

A bailee's lien gives the bailee the right to keep possession of the bailed property until reasonable charges for storage and/or repairs are paid.

Transfer or possession and use of bailed property without compensation is a gratuitous bailment.

In order for a bailment to be valid,the bailor must be the owner of the subject property.

Personal property includes all things of value including real estate.

Sylvia and Morris were married and owned their home as tenants by the entirety.When Morris died,his will said that he left his half of his home to his brother Tim.Sylvia objects to this.The ownership of the home:

If while trespassing a hunter kills game,the game belongs to that hunter.

Bailments may be:

When a person rents space in a locker or building under an agreement that gives the renter the exclusive right to use that space,the placing of goods by the renter in that space creates a bailment.

A custodian who holds money for the benefit of a minor under the Uniform Gifts to Minors Act may choose to use the money to send the minor to summer camp.

Nelson took her computer to ABC Computer for repairs.ABC repaired the computer at a cost of $350 and informed Nelson that her computer was ready.Before Nelson came to pick up her computer,ABC was burglarized and Nelson's computer was taken.ABC had a commonly-used alarm system that was operating properly on the night of the burglary,and all the doors and windows were properly secured.Nelson sued ABC for the cost of the computer.ABC denied any liability and counterclaimed for the $350 in repairs.Who will win?

A bailment is created:

Which of the following forms of cotenancy does not have right of survivorship?

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

If a thief sells stolen property to a good-faith buyer,the buyer acquires title to the property.

In states that follow the community property tradition,property acquired after the marriage belongs solely to the party who acquired it.

Personal property is lost when an owner does not know where it is located but intends to retain title or ownership to it.