Question 1

Robin stores her grain at a facility owned and operated by Silo Inc. At the end of the storage period, Silo must

Accepted Answer

Silo Inc. is obligated to return either the exact same grain or grain of the same type, grade, and quantity. This is typical in warehousing agreements for fungible goods like grain, where the specific identity of the goods is not as important as their type, quality, and quantity.

Question 2

Inadvertently, Brie loses her textbook during an afternoon in City Park. She eventually gives up any attempt to find it. The textbook will then most likely be considered

Accepted Answer

Abandoned property is property that has been voluntarily given up by its owner without the intention of reclaiming it. In this case, Brie has given up any attempt to find her textbook, so it is considered abandoned property.

Question 3

Angie voluntarily transfers her prize-winning horse Beaux to Cady without consideration. Provided all of the requirements are met, this is acquisition of property by

Accepted Answer

This is an example of acquisition of property by gift, which occurs when property is voluntarily transferred from one person to another without consideration. The key elements of a gift include the intent to give the item as a gift, delivery of the item to the recipient, and acceptance of the item by the recipient.

Question 4

Slim owns cattle, a pick-up truck, and stock in Range Corporation, which owns and operates the Big R Ranch. Capable of being involved in a bailment is

Accepted Answer

Bailment involves the temporary transfer of possession of personal property from one person to another, usually under a contract. The cattle and the truck, being tangible personal property, can be involved in a bailment. The stock in Range Corporation, being intangible personal property but still a form of personal property, can also be involved in a bailment. The Big R Ranch, being real property, and Slim, being a person, cannot be involved in a bailment in the context of the question.

Question 5

Buto buys a bus ticket at a window in the City Bus Depot before checking his backpack and boarding a bus. In this situation, the subject to a bailment is

Accepted Answer

The backpack is the subject to a bailment because Buto is entrusting it to the care of the bus company while he travels, creating a temporary transfer of possession but not ownership.

Question 6

While hiking on Mountain Trail, Ness's camera falls from his pocket. He fails to notice its loss for a mile, and is then unable to find it. Ole finds the camera. Pau tries to take it from Ole. The party who can assert the best title to the camera is

Accepted Answer

The answer of While hiking on Mountain Trail, Ness's camera...

Question 7

While moving to a new apartment, Vance discards a sofa near the entrance to his old residence, with no intention of recovering it. The sofa is

Accepted Answer

The sofa is considered abandoned property because Vance intentionally left it near the entrance to his old residence without any intention of recovering it.

Question 8

After agreeing to rent a car from Drive-Around Inc., Eden is given the keys to one of the agency's cars by Fess, a Drive-Around employee. With respect to the bailed property, this is

Accepted Answer

Constructive delivery occurs when the transfer of ownership or possession is achieved without the physical handing over of the item, such as giving keys to a car, which symbolizes control over the vehicle.

Question 9

To become a bailment, a delivery of property from one person to another must

Accepted Answer

Bailment involves the transfer of possession of personal property from one person to another, with the understanding that the property will be returned or otherwise disposed of according to the owner's directions. It does not require a transfer of title, an exchange of consideration, or a written agreement.

Question 10

Mary goes hunting during elk season. While trespassing on Nate's rural land, she shoots an elk. This elk is the property of

Accepted Answer

The elk is the property of Nate because he is the owner of the land where the elk was shot.

Question 11

Ada owns Blueberry Farm. Ada's only daughter Cherry owns the adjacent Delicious Apple Orchard. Ada makes a gift of the farm to Evert, a short-term employee. This gift may lack the required element of

Accepted Answer

The gift may lack donative intent because Ada's decision to give the farm to a short-term employee might not reflect a genuine intention to make a gift, especially if there is no clear evidence of her intent to transfer ownership without expecting anything in return.

Question 12

After shopping at a Cut-Price store, Dyan finds a fitness watch in her bag of purchases that she knows she did not pay for. If Dyan fails to return the watch to the store or to pay for it, she will have committed

Accepted Answer

Conversion is the correct term because it involves taking or using someone else's property without permission, which is what would happen if Dyan keeps the watch without returning or paying for it.

Question 13

Before entering the dining room in Café Peru, Diego checks his coat in the lobby with a valet employed by the restaurant. In the coat's pocket is an iPhone. A bailment may exist between the restaurant and its customer for

Accepted Answer

A bailment exists for both the coat and the phone because the restaurant, through its valet service, has taken possession of the coat with the customer's property (the iPhone) inside, creating a duty to safeguard both items.

Question 14

Kay and Lease-Away Inc. enter into a bailment involving the delivery of a moving van to Kay for her use. Unless stated otherwise, the agreement assumes that Kay will

Accepted Answer

In a bailment, the bailee (in this case, Kay) is expected to return the bailed property (the moving van) to the bailor (Lease-Away Inc.) after the agreed period or purpose of the bailment is completed.

Question 15

Sara owns a ring. She asks Tomas, a jeweler, to add a diamond to it. Adding the diamond will increase the value of the ring. This is

Accepted Answer

Accession is the process by which the value of personal property increases by the addition of more property through labor or the addition of new materials. In this case, adding a diamond to the ring increases its value through the addition of new material.

Question 16

Earlene buys a fishing license and goes fishing. She catches a trout, cleans it, cooks it, and eats it. Earlene's acquisition of the trout is by

Accepted Answer

Earlene's acquisition of the trout is by possession, which refers to the act of taking physical control over an object or property that was not previously owned, as in catching a fish from a natural body of water.

Question 17

Before going on a business trip, Gina leaves the key to her apartment with Henri. She checks her suitcase at the airport, and boards the plane. A bailment is created when Gina

Accepted Answer

The answer of Before going on a business trip, Gina...

Question 18

One of the elements of a bailment is

Accepted Answer

A bailment involves the transfer of possession of tangible property with an agreement for its return or disposal.

Question 19

Sheila finds Tim's briefcase in her office after Tim leaves following their meeting. This is

Accepted Answer

An involuntary bailment occurs when someone unintentionally leaves their property in the possession of another, as Tim did with his briefcase in Sheila's office.

Question 20

The identify of the party who receives a benefit from an ordinary bailment dictates

Accepted Answer

The identity of the party who benefits from an ordinary bailment significantly influences the rights and liabilities of both the bailor and the bailee, as it determines the level of care required and the responsibilities each party has towards the bailed property.

Quiz 45: Personal Property and Bailments