Exam 49: Personal Property and Bailments

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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

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Question 1

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The court is most likely to rule that the property recovered from the wreck rightfully belongs to the boat's owner, because in this problem Cappy did not abandon the boat. Someone who discovers an other's property can lay claim to it if it was abandoned. Abandonment requires an intent to give title to the property to the first person who discovers it. That intent is lacking in this problem, because Cappy in tended to return to the site of the sunken boat and recover what he could from the wreck. There was no intent to pass title to whoever else might have stumbled onto the wreck and "discovered" it and its property. Thus, Cappy retained good title to the property of the boat, and Dick is most likely to be ordered to return it. Dick might also have argued that the property on the boat was mislaid or lost, but those arguments would likewise fail. Neither the boat nor its equipment qualify as mislaid or lost, and, even if they did, mislaid or lost property must be returned to its owner if the owner comes forward or is found.

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

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Question 2

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Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elmo owns everything else on the farm-implements, seed, and so on. The real property is owned by

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Question 3

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

(True/False)

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Question 4

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

(True/False)

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Question 5

A hotel owner is always strictly liable for the safety of a guest's automobile.

(True/False)

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Question 6

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

(True/False)

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Question 7

Quint rents a riding mower from Rent-All, Inc. Quint leaves the mower in a remote location overnight. When he returns to retrieve it, it is gone. Liability for the loss most likely rests with

(Multiple Choice)

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Question 8

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

(True/False)

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Question 9

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

(Multiple Choice)

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Question 10

Jill loans her laptop to Kyle. This is a bailment for

(Multiple Choice)

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Question 11

Real property cannot be turned into personal property by detaching it from the land.

(True/False)

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Question 12

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

(True/False)

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Question 13

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

(Multiple Choice)

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Question 14

Mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S. Marines Corps. Ned agrees. This is a bailment for

(Multiple Choice)

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Question 15

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

(True/False)

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Question 16

A finder of lost property who knows the true owner and fails to return the property is guilty of the tort of conversion.

(True/False)

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Question 17

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

(True/False)

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Question 18

Floyd tells his daughter Glenda that she can have his Harley Davidson when he dies, but he does not add this to his will. This is

(Multiple Choice)

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Question 19

Generally, individuals are not required to pay annual taxes on personal property that is used for business.

(True/False)

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Question 20

Showing 1 - 20 of 42

Exam 49: Personal Property and Bailments

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

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elmo owns everything else on the farm-implements, seed, and so on. The real property is owned by

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

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

A hotel owner is always strictly liable for the safety of a guest's automobile.

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

Quint rents a riding mower from Rent-All, Inc. Quint leaves the mower in a remote location overnight. When he returns to retrieve it, it is gone. Liability for the loss most likely rests with

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

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

Jill loans her laptop to Kyle. This is a bailment for

Real property cannot be turned into personal property by detaching it from the land.

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

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

Mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S. Marines Corps. Ned agrees. This is a bailment for

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

A finder of lost property who knows the true owner and fails to return the property is guilty of the tort of conversion.

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

Floyd tells his daughter Glenda that she can have his Harley Davidson when he dies, but he does not add this to his will. This is

Generally, individuals are not required to pay annual taxes on personal property that is used for business.

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