Deck 22: Personal Property Vs Bailments

Question 1

What term describes anything subject of ownership other than real property?

A) Personal property
B) Chattels
C) Personalty
D) All of the above

Answer 1

All of the above

Question 2

What term describes personal property that can be touched?

A) Real
B) Tangible
C) Material
D) Substantial

Answer 2

Tangible

Question 3

What term describes a promissory note?

A) Intangible property
B) Tangible property
C) Trade fixture
D) Real property

Answer 3

Intangible property

Question 4

What legal concept presumes that the owner has title to the property?

A) Custody
B) Trust
C) Ownership
D) Bailment

Question 5

How can personal property be acquired?

A) Anna buys a table at an auction
B) Anna receives a boat as a gift
C) Anna inherits a car
D) All of the above

Question 6

What term describes a sale of property to the highest bidder?

A) Auction sale
B) Rummage sale
C) Bargain
D) Negotiation

Question 7

What term describes a sale of property when the auctioneer may not withdraw the goods after one bid has been placed?

A) Auction without reserve
B) Absolute auction
C) All of the above
D) None of the above

Question 8

To acquire a personal property by gift, what people are necessary?

A) Bailor and bailee
B) Donor and donee
C) Promisor and promisee
D) Offeror and offeree

Question 9

What is an element of a valid inter vivos gift?

A) Being thankful for the gift
B) Delivery of the gift
C) Intention to deliver a gift
D) Suggestion to deliver a gift

Question 10

How can a gift's delivery be made?

A) Constructively
B) Symbolically
C) All of the above
D) None of the above

Question 11

What is an example of a donor's intent to make a gift?

A) Jane thinks about giving a car to Ray
B) Jane refuses to give a car to Ray
C) Jane contemplates to give a car to Ray
D) Jane buys a car and announces that it is a gift for Ray

Question 12

What is an example of a symbolic delivery of a gift?

A) Kate gives a camera to Tom
B) Kate mails a camera to Tom
C) Tom receives keys to a tractor stored on his uncle's farm
D) Kate hires a courier to deliver a camera to Tom

Question 13

What Latin term means "between the living"?

A) Inter vivos
B) In pari delicto
C) Ipso facto
D) In personam

Question 14

What does the Latin term "causa mortis" mean?

A) In good faith
B) Something for something
C) Because of death
D) Without reward

Question 15

What is an example of abandoned property?

A) Necklace misplaced in the house
B) Books taken to the recycling center
C) Suitcase lost at a railway station
D) Camera borrowed by a friend

Question 16

The finder of what kind of property becomes its new owner?

A) Lost
B) Mislaid
C) Abandoned
D) All of the above

Question 17

What is an example of bailment for the sole benefit of the bailee?

A) Vera stores her car in John's garage, without compensation
B) Vera stores her car in John's garage, with compensation
C) Vera leaves her car in a car repair shop to be fixed
D) Vera loans John her video camera

Question 18

Who is a tortious bailee?

A) Person who has title to the property
B) Person who has rightful possession of the property
C) Person who has wrongful possession of the property
D) None of the above

Question 19

What term describes a gratuitous bailment?

A) Bailment for the sole benefit of the bailor
B) Bailment for the sole benefit of the bailee
C) Mutual benefit bailment
D) Shared benefit bailment

Question 20

A trade fixture always becomes part of the real property.

Question 21

Property that is not perceptible to the senses and cannot be touched is called intangible personal property.

Question 22

When a person possesses personal property, he or she always owns it.

Question 23

A person can acquire personal property when he or she creates it.

Question 24

One legal way to acquire personal property is conversion.

Question 25

During the purchase of personal property, title to property transfers from the seller to the buyer at the time of purchase.

Question 26

In an auction without reserve, the offeror is the bidder.

Question 27

The donor's intent to make a gift is an element of a valid gift.

Question 28

Delivery of a gift can only be made constructively.

Question 29

People creating property through their intellectual activities always own rights to this intellectual property.

Question 30

All states allow real property to be the subject of a gift causa mortis.

Question 31

Property can be involuntarily transferred when someone finds it.

Question 32

People who found lost property always acquire ownership rights to this property.

Question 33

A bailment is created when a car's owner leaves the car at an auto repair shop to be fixed.

Question 34

A bailee owes a duty to use great care with the bailed property.

Question 35

A right to possess something only obtainable by a legal action is called a(n) ________ in action.

Question 36

A built-in conditioner, permanently installed in a house, is an example of a(n) ________.

Question 37

Personal property is acquired when a person receives a ________ from a donor.

Question 38

Under Section 2-238 of the UCC, auctions are presumed to be with ________ unless otherwise explicitly stated.

Question 39

One element of a valid gift is the donee's ________ of the gift.

Question 40

When a person gives a gift to another, it is called an inter ________ gift.

Question 41

In some jurisdictions, a person who found lost or mislaid property is referred to as a(n) ________.

Question 42

A person finding a(n) ________ property becomes its new owner.

Question 43

A person using another's property for a different purpose than the one agreed upon is a(n) ________ bailee.

Question 44

A commercial bailment when both the bailor and the bailee receive something valuable from the transaction is called a mutual ________ bailment.

Question 45

Match the terms with their descriptions:

-Fixture

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 46

Match the terms with their descriptions:

-Inheritance

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 47

Match the terms with their descriptions:

-Auction sale

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 48

Match the terms with their descriptions:

-Gift causa mortis

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 49

Match the terms with their descriptions:

-Tortious bailee

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 50

Match the terms with their descriptions:

-Donee

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 51

Match the terms with their descriptions:

-Tangible personal property

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 52

Match the terms with their descriptions:

-Abandoned property

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 53

Match the terms with their descriptions:

-Bailor

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 54

Match the terms with their descriptions:

-Title

A) Owner of the goods who places them in the possession of another person
B) Person having intentional, wrongful possession of another's goods
C) Sale of a property to the highest bidder
D) Personal property is physically attached to real property
E) Recipient of a gift
F) Evidence of ownership
G) Method of acquiring personal property
H) Property that has substance and that can be touched
I) Property intentionally discarded by its owner
J) Person, in anticipation of impending death, gives his or her property to someone

Question 55

Define personal property, tangible personal property, and intangible personal property. Identity different terms used to describe personal property and various methods of personal property acquisition.

Question 56

Define a donor and donee. Compare and contrast an inter vivos gift and a causa mortis gift.

Question 57

Define a bailment. Compare and contrast a bailment for the sole benefit of the bailor and a bailment for the sole benefit of the bailee.

Question 58

Laura was swimming in a public pool and did not notice that her emerald ring slipped off her finger. To comfort Laura, Jeffry presented her a ring with a ruby. When a friend said that the ruby was a fake one, angry Laura tossed the ring into a trash can. Later Wendy found Laura's emerald ring in the pool, and Clara found Laura's ruby ring in the trash can. Discuss what legal terms describe rings that left Laura's possession and who now owns them.

Question 59

Martin took his camera to Jake's repair shop to be fixed for a certain price. After the camera was fixed, Martin loaned it to Sandra, for free. Sandra stored her furniture in Martin's garage, for free. Discuss what kind of bailments took place, what duty of care over the bailed property should be exercised and by whom.