Deck 27: Personal Property and Bailments

Question 1

A copyright is tangible personal property.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

A gift causa mor-tis is effective only if the donor dies and the donee lives.

Question 5

A gift to a dying donee is a gift causa mortis.

Question 6

Delivery of intangible personal property is never accomplished by constructive delivery.

Question 7

Patents are not considered personal property.

Question 8

Killing a wild animal amounts to assuming ownership of it.

Question 9

There are three categories of property.

Question 10

In a tenancy in common,the interests are divided.

Question 11

One cannot acquire ownership by possession by "capturing" a wild animal.

Question 12

A gift is effective whether or not it is accepted.

Question 13

A gift must be supported by legally sufficient consideration.

Question 14

Constructive delivery occurs when property is physically transferred.

Question 15

Writers acquire ownership of their work through production.

Question 16

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

Question 17

A person who holds the entire bundle of rights in property is the owner in fee simple.

Question 18

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

Question 19

A car is tangible personal property.

Question 20

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 21

A bailee must exercise reasonable care in preserving the bailed property.

Question 22

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 opera-tion-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 23

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

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

Question 24

Property voluntarily placed by its owner and inadver-tently forgotten is mislaid property.

Question 25

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

Question 26

Constructive delivery satisfies the delivery requirement for an ef-fective bailment.

Question 27

Property voluntarily discarded by its owner with no inten-tion of reclaiming it is abandoned property.

Question 28

A finder of mislaid property is an involuntary bailee.

Question 29

Roslyn is an inventor.She has many tools,including a hammer,a handsaw and a drill.Roslyn has a patent on her most recent invention and she owns stock in Handy Appliances,Inc.,which is a company that often uses her inventions.Roslyn's tangible personal property includes the

A)hammer,handsaw and drill.
B)Handy Appliances stock only
C)patent on her invention only
D)Handy Appliances stock and the patent on her invention.

Question 30

Airline passengers are subjects of a bailment.

Question 31

Sara has a flat-screen TV,a Blu-ray disc player,set of computer games and an investment portfolio that includes stock in the Internet game company Zynga.Sara's intangible property includes

A)the TV and Blu-ray player.
B)the computer games.
C)the Zynga stock.
D)the TV only.

Question 32

A finder of abandoned property acquires title to it,and the title is good against the whole world,including the original owner.

Question 33

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

Question 34

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

Question 35

A finder acquires title to mislaid property good against the whole world,in-cluding the true owner.

Question 36

For an effective bailment,the bailor must deliver possession of the bailed property with its title

Question 37

Adding value to a piece of personal property by labor or materials is accession.

Question 38

A bailment must be in writing to be valid.

Question 39

Which of the following is considered personal property

A)Stocks and bonds
B)Land
C)A garage
D)A boundary fence

Question 40

In most bailments,the bailee can retain the goods given by the bailor and return equivalent property.

Question 41

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

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

Question 42

Inadvertently,Brent leaves his backpack at Chat n'Coffee when he stops for coffee and an hour of Facebook.The backpack is

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

Question 43

Mallory's sister gives Mallory a leather working kit for Christmas.Mallory uses the kit to make a saddle.Mallory's acquisition of the saddle is by

A)a bailment.
B)accession
C)confusion.
D)production.

Question 44

Rocco gives Sequoia a smartphone as a gift.Sequoia develops a new game app for the phone.She obtains intellectual property protection,and forms Titan Games,LLC,to make and market the game.Sequoia's ac-quisition of the game is by

A)gift.
B)accession.
C)confusion.
D)production.

Question 45

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

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

Question 46

Ruby is young and healthy when she gives Pearl 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 47

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)ajoint tenancy.
B)community property.
C)a tenancy in common.
D)ownership in fee simple.

Question 48

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 49

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 50

Chatsworth loans his laptop to Zelda.This is

A)a bailment.
B)a tenancy in common.
C)a gift.
D)lost property.

Question 51

Nero and Olav each buy certain quantities of oil to sell to Petro Refinery,and agree to share storage costs until Petro can take delivery.The oil is commingled so that Nero's oil cannot be distinguished from Olav's.This is

A)accession
B)confusion.
C)conversion
D)irresolution

Question 52

Gilbert finds an iPad on the counter at Starbucks.He takes the iPad to the police station's lost and found desk.The officer at the desk tells Gilbert that if the iPad is not claimed in a certain amount of time,Gilbert 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 53

John steals an old,battered bicycle that is parked,unlocked,in front of a convenience store.He repairs,paints,and replac-es parts on the bike un-til it is like new.The original owner,Kim,claims the bike.The bike be-longs to

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

Question 54

Ira is declared mentally incompetent.Jay,Ira's son,is named his guard-ian.At Jay's insistence,Ira transfers his assets to Jay "for safekeeping." A court might conclude that this gift is not effective on the ground that there was no

A)acceptance.
B)delivery.
C)donative intent.
D)donor's acknowledgment.

Question 55

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 56

In contemplation of death during risky sur-gery,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 57

Clancy sells shares in Darling Pool & Spa Company to Eton.Clancy does not deliver the actual possession of the shares to Eton,but gives him the key to a safety-deposit box in First State Bank in which the stock certifi-cates are locked.Presenting the key is

A)realdelivery.
B)constructivedelivery
C)delivery by agent .
D)nodelivery

Question 58

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)ajoint tenancy.
B)community property.
C)a tenancy in common
D)ownership in fee simple.

Question 59

Procter,who is not in contemplation of imminent death,tells his daughter Opal that she can have his Dodge truck on his death,whenever that happens.This is

A)aneffective gift causa mortis.
B)aneffective gift inter vivos
C)aneffective gift largesse.
D)not an effective gift.

Question 60

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.With respect to the car,T.J.is

A)a joint tenant.
B)a tenant in common.
C)an owner in fee simple.
D)an owner of community property.

Question 61

Wally asks Eddie if he can store his furniture in Eddie's garage while he serves a tour of duty with the U.S.Marines Corps.Eddie agrees.This is

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

Question 62

Early one morning,Tab agrees to lend his bike to Sheila,who promises to return it in the evening.Because there is no consideration,there is no contract.This is

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

Question 63

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 Plains States Sales,his employer.The bailor is

A)Ben.
B)Cody.
C)Plains States.
D)no one.

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)accession.
D)production

Question 65

French'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.A sign on the back of the locker room door states,"French's is not re-sponsible for the loss of any property in the locker room." 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.When he returns after his shift,the wallet and watch are gone.Does Grant'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 3F's sign exculpate the com-pany for Grant's loss? Why or why not?

Question 66

Venerable Company leases office furniture to Design Architects,Inc.,under a contract that states,"Bailee agrees to pay Bailor for any damage to the furniture." During the lease,while the furniture is in Design's possession,it is stained by inks used in computer printers,copiers,fax machines,and so on.Most likely liable for the damage is

A)Venerable.
B)Design.
C)"Bailor."
D)no one.

Question 67

During a storm on Blue Lake,a boat sinks,but its owner Cappy survives.Cappy plans to return to the site of wreck to salvage its equipment and his possessions,but he delays.Meanwhile,Dick,an amateur diver,discovers the wreck and strips it clean of useful items.Cappy learns of the recovery and files a suit against Dick,claiming that the items are his.Dick responds that the sunken boat was abandoned and therefore he has good title to everything to which he took possession.What is the court likely to rule,and why?

Question 68

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

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

Question 69

GR8 Vision,Inc.,hires Haul-Way Company to trans-port 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.

Question 70

Stan rents a safe-deposit box at Main Street Bank under a contract that gives Stan exclusive knowledge and control over its contents.This is

A)a bailment.
B)accession.
C)production.
D)confusion.

Question 71

Emily checks her luggage at Flyaway Airlines's ticket counter before boarding her flight to Houston,Texas.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 72

Owen takes a Paisley-made pinball machine to Quality Games,Inc.,for repair.Lacking certain parts,Quality ships the game to Regal Repair Company.Regal does not return the game.Most likely to suffer the loss is

A)no one.
B)Owen.
C)Paisley.
D)Regal.