Question 1

To establish a gift,the party claiming to be the donee must prove:

Accepted Answer

To establish a gift, the party claiming to be the donee must prove both intent (or donative intent) and delivery of the gift to the donee. Without delivery, the gift is not considered completed. Therefore, D) intent and delivery is the best choice.

Question 2

A person becomes a(n)__________ at the moment of taking possession of abandoned personal property.

Accepted Answer

A person who takes possession of abandoned personal property becomes the owner of that property. A bailor is someone who entrusts their property to a bailee, and a bailee is someone who receives property from a bailor for a specific purpose. A constructive bailee is someone who takes possession of property without the owner's consent, but does not become the owner.

Question 3

If a maintenance employee at a hotel finds a pocketbook with $500 in cash while cleaning an empty guest room,the employee:

Accepted Answer

As an employee of the hotel, the maintenance employee has a responsibility to turn over any lost and found items to the manager of the hotel, who can hold it for the owner to claim. It is not legal for the employee to keep the property.

Question 4

Tom established a bank account for his daughter Mary under the Uniform Gifts to Minors Act.Tom named himself the custodian.Later,Tom had a serious disagreement with Mary and ordered the bank to transfer the money in that account to a similar account maintained in the same bank for Tom's son Ed.The bank must:

Accepted Answer

As per the Uniform Gifts to Minors Act, the custodian has control over the account until the minor reaches the age of majority or becomes emancipated. However, the custodian's control is subject to the requirement that the account must be used for the minor's benefit. In this case, Tom's order to transfer the money to his son's account does not meet this requirement and is not for Mary's benefit. Therefore, the bank should refuse Tom's order.

Question 5

Barry and Eldridge owned Blueacre as tenants in common.Eldridge died.Blueacre is owned:

Accepted Answer

When two or more persons own an asset as tenants in common, each co-owner is entitled to an undivided interest in the property. When one co-owner dies, their interest in the property passes to their heirs or beneficiaries. Therefore, after Eldridge's death, Blueacre is owned by Barry and Eldridge's heirs as tenants in common. Option A is incorrect because the survivorship feature applies only to joint tenancy, not to tenants in common. Option B is incorrect because escheat occurs only when an individual dies without a valid will or without any heirs or beneficiaries entitled to inherit the property. Option D is incorrect because Eldridge owned Blueacre as a tenant in common, so his interest would pass to his heirs rather than Barry.

Question 6

Transfer or possession and use of bailed property without compensation is a gratuitous bailment.

Accepted Answer

A gratuitous bailment occurs when the bailor transfers possession of property to the bailee without any expectation of compensation, typically for the benefit of the bailee.

Question 7

If a bailment is for the sole benefit of the bailee,the bailor has no obligation to inform the bailee of known defects.

Accepted Answer

The bailor has a duty to disclose known defects regardless of the benefit to the bailee. This is because the bailee is entrusting their property to the bailor and has a right to know of any potential issues.

Question 8

Sylvia and Morris were married and owned their home as tenants by the entirety.When Morris died,his will said that he left his half of his home to his brother Tim.Sylvia objects to this.The ownership of the home:

Accepted Answer

As tenants by the entirety, Sylvia and Morris owned the home as a single unit, and upon Morris's death, the property immediately passed to Sylvia by survivorship. Morris's will, therefore, had no effect on the ownership of the property. Sylvia now owns the entire home.

Question 9

When a person rents space in a locker or building under an agreement that gives the renter the exclusive right to use that space,the placing of goods by the renter in that space creates a bailment.

Accepted Answer

A bailment involves the transfer of possession but not ownership of personal property to another party, who must return it. Renting space does not automatically create a bailment unless the owner of the space takes possession of the goods.

Question 10

The person who turns over the possession of bailed property is the bailor,and the person who accepts possession is the bailee.

Accepted Answer

This is the correct definition of bailor and bailee according to the legal concept of bailment.

Question 11

Generally,a bailment agreement does not contain all the elements of a contract.

Accepted Answer

The answer of Generally,a bailment agreement does not contain all...

Question 12

In order for a bailment to be valid,the bailor must be the owner of the subject property.

Accepted Answer

The bailor does not necessarily have to be the owner of the subject property, but must have the legal right to possess and transfer possession of the property.

Question 13

A third person to whom a joint tenant's interest is transferred becomes a:

Accepted Answer

When a joint tenant's interest is transferred to a third person, the third person becomes a tenant in common with the remaining joint tenants. Thus, the correct answer is C - tenant in common. The new tenant in common has the same rights as the other tenants in common, but not the same rights as a joint tenant.

Question 14

With regard to a bailment,a valid delivery and acceptance need not require that the bailee be aware that goods have been placed within the bailee's exclusive possession or control.

Accepted Answer

A valid bailment requires that the bailee is aware of and accepts the goods, as they must have knowledge and consent to take possession and control of the items.

Question 15

A bailee's lien gives the bailee the right to keep possession of the bailed property until reasonable charges for storage and/or repairs are paid.

Accepted Answer

This statement is true. A bailee's lien is a legal right that allows the bailee to retain possession of the bailed property until any outstanding storage or repair costs are paid by the bailor.

Question 16

__________ property means land and things embedded in the land.

Accepted Answer

Real property refers to land and things permanently attached to the land, such as buildings, trees, and minerals. Personal property, on the other hand, refers to movable items, like cars and furniture. Intangible property includes rights to things like patents and trademarks. Tangible property refers to physical items that can be touched, but it is a broader category that includes both real and personal property.

Question 17

A gift causa mortis is revoked if:

Accepted Answer

All of the above options can lead to the revocation of a gift causa mortis. If the donor does not die, there is no longer a reason for the gift to be transferred. If the donor revokes the gift before dying, then it is no longer valid. If the donee dies before the donor, then there is no one to receive the gift and it becomes void.

Question 18

Which of the following forms of cotenancy does not have right of survivorship?

Accepted Answer

Tenancy in common does not have right of survivorship. In this type of cotenancy, each owner has a divisible interest in the property and can sell, gift, or will their portion to someone else. When one co-owner dies, their interest in the property passes to their heirs, not to the surviving co-owners. Joint tenancy and tenancy by entirety both have right of survivorship, meaning that when one co-owner dies, their interest automatically passes to the surviving co-owner(s). Community property is a form of ownership that is recognized in some states, in which property acquired during marriage is considered equally owned by both spouses. However, community property does not necessarily involve cotenancy and does not have right of survivorship as a defining characteristic.

Question 19

A bailee's duty of care for bailed property depends on the type of bailment.

Accepted Answer

A bailee's duty of care varies depending on the type of bailment, such as whether it is for the sole benefit of the bailor or both the bailor and bailee.

Question 20

An ordinary bailment can arise without an agreement between the parties.

Accepted Answer

An ordinary bailment requires an agreement, either express or implied, between the parties for the transfer of possession of personal property.

Quiz 21: Personal Property and Bailments