Deck 36: Personal Property and Bailments

Question 1

To be effective,a gift causa mortis must meet only two requirements: intent and acceptance.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Tangible personal property has physical substance.

Answer 3

True

Question 4

The most common way to acquire personal property is to produce it 

Question 5

Constructive delivery is a general term for all of those acts that the law holds to be equivalent to acts of real delivery.

Question 6

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

Question 7

Constructive delivery is always necessary for gifts of intangible personal property.

Question 8

Only personal property,not real property or persons,can be the subject of a bailment.

Question 9

Property used by a government for a public purpose such as a park is community property.

Question 10

Writers acquire ownership of their work through production.

Question 11

The owner of a fee simple absolute has the right to use property as he or she chooses.

Question 12

A copyright is tangible personal property.

Question 13

It is presumed that a co-tenancy is a tenancy in common unless it is clear that the parties intended to establish a joint tenancy.

Question 14

A joint tenant's sale of his or her interest terminates the joint tenancy.

Question 15

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

Question 16

If property is owned as community property,each spouse owns an undivided one-half interest in it.

Question 17

A finder of mislaid property becomes the caretaker of the property.

Question 18

Telephone services are NOT considered personal property for the purpose of criminal prosecution.

Question 19

In a tenancy in common,the fractional interests must be equal.

Question 20

A gift is effective whether or not it is accepted.

Question 21

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

Question 22

A bailment agreement must be express.

Question 23

Samson buys a set of CDs by Alan Jackson.He then uses his computer to make copies of the CDs and sells them to his friends.Samson is 

A) ​not guilty of any crime. 
B) ​guilty of bootlegging. 
C) ​guilty of real property theft. 
D) ​guilty of a violation of common law.

Question 24

Airline passengers are subjects of a bailment.

Question 25

Simply finding something and holding onto it gives the finder legal rights in the property.

Question 26

All transactions involving the delivery of property from one person to another create a bailment.

Question 27

Most bailments are created by agreement,but not necessarily by contract.

Question 28

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

Question 29

Shari owns a television,video games,and stock in the game company Time Travel,Inc.Shari's intangible property includes 

A) ​the television. 
B) ​the games. 
C) ​the stock. 
D) ​none of the choices.

Question 30

Faye owns the land on which Golden Spurs Ranch is situated,plus the ranch house,barn,and other structures permanently attached to the land.Faye's brother Huey owns everything else in the ranch's operation-livestock,feed,and so on.The personal property is owned by 

A) ​Faye and Huey. 
B) ​Faye only. 
C) ​Golden Spurs Ranch. 
D) ​Huey only.

Question 31

T.J.owns a red sports car.T.J.can use the car as he wishes and he can also dispose of it if he wishes.When T.J.dies,the car will descend to his son.T.J.is an owner in 

A) ​joint tenancy. 
B) ​tenancy in common. 
C) ​fee simple. 
D) ​community.

Question 32

If the bailed property has been lost or is returned damaged,a court will presume that the bailee was negligent.

Question 33

Confusion of fungible goods results in the owners' loss of their rights in the property.

Question 34

In a bailment,possession of the property is transferred to the bailee. 

Question 35

Someone who finds abandoned property acquires title to it and that title is good against the whole world,except the original owner.

Question 36

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

Question 37

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

Question 38

In a bailment of fungible goods,the bailee can retain the goods given by the bailor and return equivalent property.

Question 39

Constructive delivery satisfies the delivery requirement for an effective bailment.

Question 40

Gretel,an inventor,has tools in her workshop,including hammers,a table saw,and drills.She has a patent on her most recent invention,a kitchen gas grill.She licenses the patent to Home Appliances,Inc.,a company in which she owns stock.Her tangible personal property includes 

A) ​the workshop tools. 
B) ​the Home Appliances stock. 
C) ​the patent on the gas grill and license to Home Appliances. 
D) ​all of the choices.

Question 41

Bram finds a tablet on the counter at Coffee Shoppe.He takes the tablet to the police station's lost and found desk.The officer at the desk tells Bram that if the tablet is not claimed in a certain amount of time,Bram can obtain title to it.This is an example of acquiring possession by 

A) ​an estray statute. 
B) ​a bailment. 
C) ​confusion. 
D) ​production.

Question 42

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 

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

Question 43

Nero and Omar agree to buy natural gas to sell to Power Fuel Refinery and to share storage costs until Power Fuel can take delivery.The gas is commingled so that Nero's cannot be distinguished from Omar's.This is 

A) ​accession. 
B) ​confusion. 
C) ​conversion. 
D) ​a bailment.

Question 44

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

A) ​incomplete delivery. 
B) ​constructive delivery. 
C) ​production. 
D) ​conversion.

Question 45

Gabrielle buys silver and jade to make jewelry.The finished products are sold to Hand Crafts,a shop that sells these items and others to customers who often present them as gifts.The most common way to acquire personal property is to 

A) ​buy it. 
B) ​add value to it. 
C) ​make it. 
D) ​receive it as a gift.

Question 46

Marcy goes hunting out of season and shoots an endangered species of deer in a national park.Marcy's acquisition of the deer is 

A) ​by production. 
B) ​illegal. 
C) ​by confusion. 
D) ​by possession.

Question 47

Lauren owns a 1967 Ford Mustang,which Mike customizes and details to Lauren's specifications.The car earns several awards at regional vehicle customizing competition shows.The result of Mike's efforts is 

A) ​accession. 
B) ​acquisition. 
C) ​conversion. 
D) ​resolution.

Question 48

Ben allows Cody to store his trailer on Ben's property for $20 a month while Cody is out of town on a job for Plain States Construction,his employer.The bailor is​ 

A) ​Ben. 
B) ​Cody. 
C) ​Plain States. 
D) ​no one.

Question 49

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 

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) ​not revoked because it was a gift largesse.

Question 50

Fred and Joanne are married.Joanne purchases a car.Fred and Joanne each technically own an undivided one-half interest in the car.This is 

A) ​a joint tenancy. 
B) ​fee simple ownership. 
C) ​community property. 
D) ​illegal.

Question 51

Umiko owns Valley Vineyard.Umiko's only son Waldo owns the adjacent Hillside Orchards.Umiko gives 90 percent of the Valley Vineyard to Irene,a short-term employee.This gift may lack the required element of 

A) ​"donative intent." 
B) ​"donor's acknowledgement." 
C) ​"heir's acquiescence." 
D) ​"delivery by agent."

Question 52

Inadvertently,Rocko leaves his backpack at Sandy's Sandwiches when he stops for lunch and an hour of Facebook.The backpack is 

A) ​abandoned property. 
B) ​bailed property. 
C) ​lost property. 
D) ​mislaid property.

Question 53

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 

A) ​a valid gift causa mortis. 
B) ​a valid gift inter vivos. 
C) ​a valid gift testamentary. 
D) ​not a valid gift.

Question 54

Jon steals an old,battered bicycle that is parked,unlocked,in front of a convenience store.He repairs,paints,and replaces parts on the bike until it is like new.The original owner,Kim,claims the bike.The bike belongs to 

A) ​Jon and Kim as tenants in common. 
B) ​Jon because he made substantial improvements to it. 
C) ​Jon because Kim claimed it only after John improved it. 
D) ​Kim because Jon stole it.

Question 55

Klondike and Leola own 10,000 shares of stock in My-T Gro Corporation.On the death of either owner,that owner's interest in the stock passes to the surviving owner.This is 

A) ​a joint tenancy. 
B) ​community property. 
C) ​a tenancy in common. 
D) ​ownership in fee simple.

Question 56

Rhett works at Scarlett's Sandwich Café.After work,in the parking lot,Rhett finds a diamond ring lost by Thalia.Title to the ring is possessed by 

A) ​Rhett. 
B) ​Scarlett's. 
C) ​Thalia. 
D) ​the state.

Question 57

​Yogi loans his laptop to Zoey.This is 

A) ​a bailment. 
B) ​acquiring ownership by possession. 
C) ​a gift. 
D) ​accession.

Question 58

Angela is young and healthy when she gives Annie a prize-winning horse.The gift meets all the requirements to be effective.This is a gift 

A) ​inter vivos. 
B) ​causa mortis. 
C) ​by accession. 
D) ​by confusion.

Question 59

Helen owns heavy construction equipment and the tools to service it,as well as office furniture,including computers.Ilya owns a number of patents,trademarks that identify the products made under those patents,and stock in the company that sells those products.Personal property includes the items owned by 

A) ​Helen and Ilya. 
B) ​Helen only. 
C) ​Ilya only. 
D) ​neither Helen nor Ilya.

Question 60

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat passes to her heirs.This is 

A) ​a joint tenancy. 
B) ​community property. 
C) ​a tenancy in common. 
D) ​ownership in fee simple.

Question 61

Bristol discovers a boat adrift,and retrieves and anchors it.The boat features a number on its side and other evidence pointing to its owner,Cedric.This is 

A) ​an involuntary bailment. 
B) ​a voluntary bailment. 
C) ​an express bailment. 
D) ​no bailment.

Question 62

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 

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

Question 63

Nancy asks Octavio if she can store her car in his garage while she serves in the U.S.Peace Corps.Octavio agrees.This is 

A) ​a bailment. 
B) ​accession. 
C) ​a gift. 
D) ​abandoned property.

Question 64

Victor leaves his Dodge sport utility vehicle at Gordo's Auto Service for an oil change.This is 

A) ​a bailment. 
B) ​a gift. 
C) ​confusion. 
D) ​abandoned property.

Question 65

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

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

Question 66

Logan borrows Morris's bike to ride over mountain trails.The bike is damaged during the ride.Liable for the cost of repairing the bike is​ 

A) ​Logan and Morris in equal measure. 
B) ​Logan. 
C) ​Morris. 
D) ​all of the choices.

Question 67

Miranda delivers her bridesmaid's dress to Nina for alterations.Nina promises that the dress will be ready within five business days.Miranda agrees to pay the charge when she picks up the dress.This is 

A) ​an implied bailment. 
B) ​an involuntary bailment. 
C) ​an express bailment. 
D) ​not a bailment.

Question 68

During a storm in Tornado Alley,a house is destroyed,but its owner Dorothy survives.Dorothy plans to return to the site to salvage her possessions,but she delays.Meanwhile,Elliott combs through the ruins and removes all useful items.Dorothy learns of the recovery and files a suit against Elliott,claiming that the items are hers.Elliott responds that the destroyed house was abandoned and therefore he has good title to whatever he took possession of.What is the court likely to rule,and why?

Question 69

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 

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

Question 70

Frenchy's Fast Fries (3F)requires that its employees wear uniforms and protective clothing while on the job.3F provides a locker room for the employees to leave their street clothes and personal items while working.Grant,a 3F 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.Does Grant's leaving personal items in the locker room constitute a bailment? If not,what legal relationship is it? For whose benefit are the lockers provided and used?

Question 71

One morning,Roche agrees to lend his bike to Shelley,who promises to return it in the evening.This is 

A) ​a constructive bailment. 
B) ​an involuntary bailment. 
C) ​an express bailment. 
D) ​no bailment.

Question 72

GR8 Vision,Inc.,hires Haul-Way Company to transport fifty large-screen HDTVs from GR8's warehouse in San Diego to an Ideal Electronics retail store in Phoenix.The bailee is 

A) ​GR8 Vision. 
B) ​Haul-Way. 
C) ​Ideal Electronics. 
D) ​no one.