Exam 47: Personal Property, Real Property, and Insurance
For a tangible gift to be considered valid, the donor must make the delivery in person.
False
What are the elements necessary to create a bailment?
Three elements are necessary to create a bailment:
1. Bailment of personal property: Only personal property can be bailed. The property can be tangible (e.g., automobiles, jewelry, animals) or intangible (e.g., stocks, bonds, promissory notes).
2. Delivery of possession: Delivery of possession involves two elements:
a. the bailee must have exclusive control over the personal property, and
b. the bailee must knowingly accept the personal property.
Most bailments are created by physical delivery.
3. Bailment agreement: The creation of a bailment does not require any formality. A bailment may be either express or implied. Most express bailments can be either written or oral. Under the Statute of Frauds, however, a bailment agreement must be in writing if it is for more than one year. An example of an implied bailment is the finding and safeguarding of lost property.
Under the common law, innkeepers are not liable for lost or stolen guest property when compared to the innkeepers' statutes.
False
Personal property includes land and property that is permanently attached to it.
A gift is a voluntary transfer of property without payment of consideration by the donee.
Which of the following duties is owed by the parties in a mutual benefit bailment?
The bill of lading is a document of title that is issued by a common carrier to the bailee when goods are received for transportation.
Which of the following is true of ownership rights of an abandoned property?
What kind of agreement existed between Randy and Carl over the car?
Shelton Engines has built a new model of engines that can withstand more heat than the competing engines in its class. Lokin Inc., a sports car manufacturer, ________ the equipment from Shelton Engines for $1,000,000. Shelton Engines transfers title to the engine to Lokin. Lokin is now the owner of the equipment.
________ occurs if two or more persons commingle fungible goods.
Give an account of the different types of property that can be owned.
A ________ is a gratuitous bailment that arises when the bailee is requested to care for the bailor's property as a favor.
The owners share ownership in commingled goods in proportion to the amount of goods contributed by each owner.
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