Deck 47: Personal Property and Bailment

Question 1

A finder who refuses to return the lost property to the loser is liable for the tort of conversion.

Answer 1

True

Question 2

The finder of a mislaid property can claim title to the property if it is found within the finder's premises.

Answer 2

False

Question 3

If an accession is mistakenly made by an improver and the improvement cannot be removed from the original article,the owner owns title to the improved property without any payment.

Answer 3

True

Question 4

If an accession is made wrongfully,the improver acquires title to the improved property and does not have to pay the owner for the property.

Question 5

Personal property consists of everything that is not real property.

Question 6

Only intangible property qualifies as personal property.

Question 7

Personal property that is permanently affixed to land or buildings is referred to as chattel.

Question 8

A gift causa mortis is an irrevocable present during the donor's lifetime.

Question 9

Confusion occurs if two or more persons commingle fungible goods.

Question 10

Real property cannot be owned by more than one person.

Question 11

A person can acquire ownership of unowned personal property by taking possession of it.

Question 12

Title to goods cannot be acquired by confusion.

Question 13

The owners share ownership in commingled goods in proportion to the amount of goods contributed by each owner.

Question 14

Accession that naturally occurs to a property belongs to the owner.

Question 15

The owner of the premises where the property is mislaid is entitled to take possession of the property against all except the rightful owner.

Question 16

A gift is a voluntary transfer of property without payment of consideration by the donee.

Question 17

Personal property includes land and property that is permanently attached to it.

Question 18

The Uniform Transfers to Minors Act establish procedures for adults to make irrevocable gifts of money and securities to minors.

Question 19

For a tangible gift to be considered effective,the donor must make the delivery in person.

Question 20

For a gift to be considered effective,the donor must be found to have a donative intent.

Question 21

A bailment at will can be terminated at any time by either party.

Question 22

In a bailment for the sole benefit of the bailor,the bailee owes only a duty of great care to protect the bailed property.

Question 23

Warehousers are subject to the rights,duties,and liability of an ordinary bailee.

Question 24

Under the common law,innkeepers were less liable for lost or stolen guest property when compared to the innkeepers' statutes.

Question 25

Common carriers are held to a duty of strict liability.

Question 26

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.

Question 27

A bailment for a fixed term cannot be terminated before the end of the term by either party.

Question 28

A consignee is a person to whom a common carrier makes a delivery.

Question 29

Common carriers are not liable for the loss,damage,or destruction of goods caused by an act of God.

Question 30

A warehouse company has a lien on the goods in its possession for necessary expenses incurred in storing and handling the goods.

Question 31

Only personal property can be used in a bailment.

Question 32

A bailment for the sole benefit of the bailee is an example of an ordinary bailment.

Question 33

The finder of an abandoned property holds title against the whole world except the owner.

Question 34

In a bailment,the title to the goods passes to the bailee.

Question 35

Constructive deliveries can be made in bailments.

Question 36

If the finder of a lost property posts notices and publishes advertisements describing the lost property,he or she will be able to clear title to the property after certain requirements are met.

Question 37

In a mutual benefit bailment,the bailee owes a duty of reasonable care to protect the bailed goods.

Question 38

Under the Statute of Frauds,a bailment agreement must be in writing if it is for more than one year.

Question 39

The delivery of goods to a common carrier creates a bailment for the sole benefit of the bailor.

Question 40

Ordinary bailments involve warehouse companies,common carriers,and innkeepers.

Question 41

Which of the following is an example of intangible property?

A)copyrights
B)fixtures
C)minerals
D)automobiles

Question 42

Which of the following is true about real property?

A)Real property refers to personal property permanently attached to a land.
B)Real property can be either tangible or intangible property.
C)Real property cannot become personal property under any circumstance.
D)Real property includes land and property permanently attached to it.

Question 43

Personal property that is permanently affixed to land or buildings is called a(n)________.

A)chattel
B)fixture
C)attachment
D)lien

Question 44

Under the innkeepers' statutes,innkeepers owe a duty of strict liability regarding loss caused to the personal property of transient guests.

Question 45

Real property can become personal property if it is ________.

A)removed from the land it is situated in
B)converted to an intangible property
C)fixed permanently to a piece of land
D)owned by more than one person at a time

Question 46

What is a gift inter vicos?

A)a gift that is made in contemplation of death
B)a gift made during a person's lifetime that is an irrevocable present transfer of ownership
C)a gift that is to be shared by the donor and donee with the payment of consideration by the donee
D)a gift that requires a monetary payment at a set date in the future

Question 47

A gift that is made in contemplation of death is known as a(n)________.

A)profit-à-prendre
B)estate pour autre vie
C)gift inter vicos
D)gift causa mortis

Question 48

Which of the following is true about fixtures?

A)They are categorized as real property.
B)They are easily portable.
C)They are typically removed prior to a sale.
D)They can only have one owner at a time.

Question 49

Which of the following is considered a constructive delivery of a gift?

A)giving the key to a safe-deposit box where the gift is kept
B)paying for the total value of the good being gifted in cash
C)contracting a third-party to deliver goods to the donee
D)gifting someone in person to ensure acceptance of the gift

Question 50

Tangible property such as automobiles,furniture,and equipment,and intangible property such as securities,patents,and copyrights are collectively referred to as ________.

A)real property
B)immovable property
C)personal property
D)fixtures

Question 51

A building attached to a piece of land would be considered a ________ property.

A)personal
B)movable
C)chattel
D)real

Question 52

What does the Uniform Transfers to Minors Act establish?

A)rights for what a minor is allowed in case of inheritances without involving custodians
B)rights for what a minor can accept from an adult
C)procedures for adults to make gifts of money and securities to minors
D)procedures for making gifts of money and securities between minors

Question 53

Shelton Engines Inc.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 Inc.for $1,000,000.Shelton Engines Inc.transfers title to the engine to Lokin Inc.Lokin Inc.is now the owner of the equipment.

A)captures
B)leases
C)purchases
D)produces

Question 54

Which of the following is a similarity between real and personal property?

A)both properties can include intangible properties
B)both properties are movable properties
C)both properties can be owned concurrently by two or more persons
D)both properties can be removed by a seller prior to a sale of the property

Question 55

Which of the following is true of a gift causa mortis?

A)It cannot be revoked before the death of the donor.
B)It does not require the actual death of the donor.
C)It represents an irrevocable present transfer of ownership.
D)It takes precedence over a prior conflicting will.

Question 56

The voluntary transfer of title to property without payment of consideration by the donee is known as a(n)________.

A)adverse possession
B)future interest
C)gift
D)purchase

Question 57

________ is a method of acquiring ownership,when a manufacturer purchases raw materials and then manufactures a finished good.

A)Gifting
B)Producing
C)Capturing
D)Purchasing

Question 58

Which of the following methods of acquiring ownership is least in use today?

A)purchase
B)capture
C)gift
D)production

Question 59

________ represent rights that cannot be reduced to physical form,such as stock certificates,certificates of deposit,bonds,and copyrights.

A)Real properties
B)Intangible properties
C)Fixtures
D)Immovable properties

Question 60

Which of the following is considered real property?

A)a plantation
B)a car
C)furniture
D)a copyrighted song

Question 61

Property that the owner leaves somewhere due to negligence,carelessness,or inadvertence is referred to as ________ property.

A)abandoned
B)real
C)lost
D)mislaid

Question 62

Which of the following is true of ownership titles when confusion occurs?

A)Title to the goods can never be shared between the owners involved.
B)Title to goods commingled without permission goes to the innocent party.
C)Title to goods cannot be acquired by confusion.
D)Title to goods can only be acquired if goods were commingled by accident.

Question 63

Which of the following is true of ownership rights of an abandoned property?

A)The finder and owner must share ownership of the property.
B)The finder acquires title to the property,even against its original owner.
C)The owner can reclaim his or her property completely from the finder.
D)The owner of the premises where property is mislaid is entitled to possession but does not acquire title.

Question 64

Which of the following is true of mislaid property with regard to the person who finds it?

A)The finder becomes the owner of the property.
B)The finder has the right to share it with the original owner.
C)The finder is not entitled to possess the property.
D)The finder is absolved of any responsibility of the mislaid property.

Question 65

A ________ is a gratuitous bailment that arises when the bailee is requested to care for the bailor's property as a favor.

A)bailment at will
B)mutual benefit bailment
C)bailment for the sole benefit of the bailee
D)bailment for the sole benefit of the bailor

Question 66

In such a bailment agreement,which of the following types of duties is Randy negligent of?

A)duty of great care
B)duty of slight care
C)duty of reasonable care
D)duty of ordinary care

Question 67

________ occurs if two or more persons commingle fungible goods.

A)Confusion
B)Accession
C)Bailment
D)Easement

Question 68

Property that an owner has discarded with the intent to relinquish his or her rights in it is known as ________.

A)real
B)lost
C)mislaid
D)abandoned

Question 69

Property that an owner voluntarily places somewhere and then inadvertently forgets is known as ________ property.

A)real
B)abandoned
C)mislaid
D)lost

Question 70

Randy borrowed Carl's car as his car had broken down and he needed to go to the city urgently.While in the city he parked the car in a Clearway zone,from where it was towed away by the authorities.
What kind of agreement existed between Randy and Carl over the car?

A)bailment for the sole benefit of the bailor
B)bailment for the sole benefit of the bailee
C)mutual benefit bailment
D)bailment at will

Question 71

Which of the following is true with regard to the new engine,upholstery,and stereo player the thief installed in John's car?

A)These improvements have to be returned to the thief.
B)These improvements now rightfully belong to John.
C)The improvements have to be paid for by John if he wants to retain them.
D)The improvements will be confiscated by the police.

Question 72

The Rosberg family had asked their neighbors,the Lowells,to feed their cat while they were away on a vacation.The Lowells fed the cat as they had been asked to but eventually,the cat ran away and never returned.What kind of bailment agreement existed between the Rosbergs and the Lowells?

A)bailment for the sole benefit of the bailee
B)bailment for the sole benefit of the bailor
C)mutual benefit bailment
D)bailment at will

Question 73

A transaction in which an owner transfers his or her personal property to another to be held,stored,or delivered,or for some other purpose is known as a ________.

A)arraignment
B)easement
C)bailment
D)accession

Question 74

Which of the following is true of a bailment?

A)Only personal property can be used in a bailment.
B)Intangible property cannot be used in a bailment.
C)Only physical deliveries can become a bailment.
D)All bailments must be expressed in writing to be effective.

Question 75

When John Lacey's car was stolen,he lodged a complaint with the police.After a while,the police were able to trace the car to a professional auto thief and return it to John.When John got his car back,he realized that the thief had installed a new engine,changed the upholstery,and put in a new stereo player in his car.
The value of John's car is said to have undergone a(n)________.

A)accession
B)arraignment
C)bailment
D)lien

Question 76

A(n)________ is an increase in the value of personal property because it is added to or improved by natural or manufactured means.

A)arraignment
B)accession
C)lien
D)bailment

Question 77

A(n)________ statute permits a finder of mislaid or lost property to clear title to the property if certain prescribed legal formalities are met.

A)estate
B)estray
C)lading
D)recording

Question 78

In which of the following processes is the title of goods not transferred?

A)an adverse possession
B)a bailment
C)a sale
D)an acquisition

Question 79

A bailment without a fixed term is called a ________.

A)bailment for the sole benefit of the bailee
B)bailment for the sole benefit of the bailor
C)bailment for a for mutual benefit
D)bailment at will

Question 80

Which of the following duty is owed by the parties in a mutual benefit bailment?

A)duty of great care
B)duty of slight care
C)duty of ordinary care
D)duty of utmost care