Question 1

The owner of the place where property was mislaid becomes the caretaker of the property.

Accepted Answer

A) True 
 B)False

Question 2

In contemplation of death during risky surgery,Donnelly,a guitarist,gives his guitars to Cathy. The surgery is successful,and Donnelly does not die. The gift of the guitars is

Accepted Answer

A) not revoked because it was a gift causa mortis. 
B) not revoked because it was a gift inter vivos. 
C) revoked because it was a gift causa mortis. 
D) revoked because it was a gift inter vivos.

Question 3

Barney's Burgers requires that its employees wear uniforms and protective clothing on the job. Barney's provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states,"Barney's is not responsible for the loss of any property in the locker room." Chuck,a Barney's employee,changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift,the wallet and watch are gone. Does Chuck's leaving personal items in the locker room constitute a bailment? If so,what type of bailment? If not,what legal relationship is it? Does Barney's sign exculpate the company for Chuck's loss? Why or why not?

Accepted Answer

The answer of Barney's Burgers requires that its employees wear...

Question 4

The implied warranties of merchantability and fitness for a particular purpose extend to bailments that include rights to use the bailed goods.

Accepted Answer

A) True 
 B)False

Question 5

The delivery of goods to a common carrier creates a bailment relationship between the shipper and the carrier.

Accepted Answer

A) True 
 B)False

Question 6

Garth tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies,but he does not add this to his will. This is

Accepted Answer

A) a gift causa mortis. 
B) a gift inter vivos. 
C) a gift by accession. 
D) not a gift.

Question 7

Property consists of the legally protected rights and interest of a person in anything with an ascertainable value that is subject to ownership.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Ester sells stock in Fast Food Franchise Inc. to Gayle. Ester does not hand the stock certificates to Gayle,but gives her the key to a safety-deposit box in Heartland Bank in which the certificates are locked. This is

Accepted Answer

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

Question 10

Derrick buys a hunting license and goes hunting. He shoots a deer,cleans it,and takes it back to his truck. He takes the deer to town and has the meat processed. Derrick's acquisition of the deer is by

Accepted Answer

A) possession. 
B) a bailment. 
C) gift. 
D) production.

Question 11

Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts,QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession,the machine is damaged. QuikFix can recover for the damage from

Accepted Answer

A) no one. 
B) Oleg. 
C) PowerMade. 
D) Repair & Parts.

Question 12

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

Accepted Answer

A) Emily. 
B) Emily's luggage. 
C) Emily's ticketed seat on the flight. 
D) none of the choices.

Question 13

Property that is leased from a bailor must be fit for the intended purpose of the bailment.

Accepted Answer

A) True 
 B)False

Question 14

A gift is effective whether or not it is accepted.

Accepted Answer

A) True 
 B)False

Question 15

Tangible personal property has physical substance.

Accepted Answer

A) True 
 B)False

Question 16

Pearl gives Raphael a smartphone as a gift. Raphael develops a new app for the phone. She obtains intellectual property protection,and forms QuikApps,LLC,to make and market the app. Raphael's acquisition of the app is by

Accepted Answer

A) possession. 
B) accession. 
C) purchase. 
D) production.

Question 17

Truck & Transfer can avoid liability

Accepted Answer

A) by proof that Truck & Transfer was not negligent. 
B) by proof that Truck & Transfer's loading dock is in a high-crime area. 
C) by proof that United Home was negligent in hiring TTC. 
D) under any circumstances.

Question 18

Real property can be turned into personal property by detaching it from the land.

Accepted Answer

A) True 
 B)False

Question 19

EquipLease Company leases a thresher to Farm Harvest,Inc.,a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is

Accepted Answer

A) EquipLease. 
B) Farm Harvest. 
C) the farm owners. 
D) no one.

Question 20

For estray statutes to apply,property must be mislaid,not merely lost.

Accepted Answer

A) True 
 B)False

Exam 41: Personal Property and Bailments

The owner of the place where property was mislaid becomes the caretaker of the property.

In contemplation of death during risky surgery,Donnelly,a guitarist,gives his guitars to Cathy. The surgery is successful,and Donnelly does not die. The gift of the guitars is

The implied warranties of merchantability and fitness for a particular purpose extend to bailments that include rights to use the bailed goods.

The delivery of goods to a common carrier creates a bailment relationship between the shipper and the carrier.

Garth tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies,but he does not add this to his will. This is

Property consists of the legally protected rights and interest of a person in anything with an ascertainable value that is subject to ownership.

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

Ester sells stock in Fast Food Franchise Inc. to Gayle. Ester does not hand the stock certificates to Gayle,but gives her the key to a safety-deposit box in Heartland Bank in which the certificates are locked. This is

Derrick buys a hunting license and goes hunting. He shoots a deer,cleans it,and takes it back to his truck. He takes the deer to town and has the meat processed. Derrick's acquisition of the deer is by

Oleg takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts,QuikFix ships the rototiller to Repair & Parts Company. While in Repair & Parts's possession,the machine is damaged. QuikFix can recover for the damage from

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

Property that is leased from a bailor must be fit for the intended purpose of the bailment.

A gift is effective whether or not it is accepted.

Tangible personal property has physical substance.

Pearl gives Raphael a smartphone as a gift. Raphael develops a new app for the phone. She obtains intellectual property protection,and forms QuikApps,LLC,to make and market the app. Raphael's acquisition of the app is by

Truck & Transfer can avoid liability

Real property can be turned into personal property by detaching it from the land.

EquipLease Company leases a thresher to Farm Harvest,Inc.,a firm that contracts with farm owners to harvest their crops. The machine is seriously damaged through Farm Harvest's neglect. Most likely liable for the damage is

For estray statutes to apply,property must be mislaid,not merely lost.