Question 1

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

Accepted Answer

This is an involuntary bailment because Tim unintentionally left his briefcase in Sheila's office, and she did not agree to hold onto it for him.

Question 2

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, as it was on his land at the time of the shooting. Even if Mary had a hunting license, she was still trespassing and illegally shooting an animal on someone else's property.

Question 3

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 because Vance willingly left it with no intention of recovering it. It is not lost because he knows where he left it, and it is not mislaid because he did not forget it or leave it temporarily in a specific location. It is also not converted property because there is no indication that Vance changed the intended use of the item before discarding it.

Question 4

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

Accepted Answer

In order for there to be a bailment, there must be a delivery of personal property from one person (the bailor) to another (the bailee). The other options do not necessarily need to be present for a bailment to occur. A bailment does not involve a transfer of title, it can be gratuitous or for consideration, and it does not necessarily require a written agreement.

Question 5

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

A bailment involves the transfer of possession, but not ownership, of property from one party (the bailor) to another (the bailee) for a specific purpose. In this case, Lease-Away Inc. is the bailor and Kay is the bailee. Unless stated otherwise, it is assumed that Kay will return the van to Lease-Away Inc. at the end of the bailment.

Question 6

One of the elements of a bailment is

Accepted Answer

One of the key elements of a bailment is an agreement for the return or disposal of the bailed property. This means that both the bailor (the person or entity providing the property) and the bailee (the person or entity receiving the property) must agree on the terms of the bailment, including what will happen to the property once the bailment ends. Tangibility or exclusivity of possession are not necessarily required elements of a bailment, while conversion of the property would be a breach of the bailment agreement.

Question 7

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 may exist for both the coat and the phone, as they were both entrusted to the restaurant's valet.

Question 8

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

Slim's cattle, pick-up truck, and stock in Range Corporation are all tangible personal property that can be subject to a bailment. The Big R Ranch, being a real property, cannot be involved in a bailment. Finally, Slim can be a bailor or a bailee, depending on whether he is giving or receiving possession of his property.

Question 9

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

Accepted Answer

The identify of the party who receives a benefit from an ordinary bailment plays a significant role in determining the rights and liabilities of both parties. The bailee (the party who receives the property) owes a higher level of care and diligence toward the property because they are benefiting from the use of the property. At the same time, the bailor (the party who gives the property) retains ownership of the property and retains the right to control the property's use during the bailment period. Therefore, the identity of the party who receives the benefit is crucial in determining the extent of the rights and liabilities of both parties involved in an ordinary bailment.

Question 10

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 act of deliberately taking someone else's property without their permission or knowledge, and this is precisely what Dyan would be doing if she did not return the watch or pay for it. Option A (accession) refers to the legal principle in which a person becomes the owner of an object that was added to their property unintentionally or through labor. Option B (confusion) refers to the legal principle in which the ownership of a certain property is unclear or uncertain. Option D (production) refers to the creation of something new, and is not applicable to the scenario described.

Question 11

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 responsible for returning either the same grain or grain of the same type, grade, and quantity at the end of the storage period. This is the standard practice in the storage industry to ensure customers receive their grain back in a usable condition. Option A is not feasible as it is unlikely that the exact same grain can be returned. Option C is not acceptable as it would be unfair to retain the customer's grain without a valid reason. Option D is not a valid choice as there has to be a clear agreement between the parties involved.

Question 12

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 who Ada does not know well. This gift may lack the required element of

Accepted Answer

Donative intent is the necessary element required for a gift to be legally valid. Since Ada is giving the gift to Evert, a short-term employee whom she does not know well, there may be doubts whether Ada had the necessary donative intent to gift the Blueberry Farm to Evert, which may make the gift legally invalid.

Question 13

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 14

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

Accepted Answer

The creation of a bailment requires the transfer of possession of personal property from one person to another, with the understanding that the property will be returned to the original owner at a later time. When Gina checks her suitcase at the airport, she is transferring possession of the suitcase to the airline, with the understanding that the suitcase will be returned to her at her destination. Therefore, a bailment is created when she checks her suitcase. Leaving the key with Harry may also involve a bailment, but it depends on the specific circumstances (e.g. if Harry is just holding onto the key for safekeeping, or if he is using it to access Gina's apartment in some way). Boarding the plane does not involve a transfer of possession of personal property, so it does not create a bailment.

Question 15

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

Accepted Answer

This is a constructive delivery because Eden is given the keys, which symbolically represents the transfer of possession of the car, rather than physically handing over the car itself.

Question 16

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

The answer of Inadvertently, Brie loses her textbook during an...

Question 17

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

In a bailment, the subject is the item of personal property that is entrusted to another person for safekeeping or transportation. In this case, Buto is the bailor, as he is entrusting his backpack to the bus company, which is the bailee. Therefore, the subject to the bailment is the backpack, not Buto or any other item like a seat on the bus.

Question 18

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

The transfer of the horse Beaux without consideration is a gift, which is an acquisition of property by voluntary transfer without compensation.

Question 19

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

Accepted Answer

Earl's acquisition of the trout is by possession because he physically caught and took control of the fish.

Question 20

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 refers to an increase in the value of an item as a result of adding something to it, such as adding a diamond to a ring. Acquisition refers to obtaining ownership of something. Conversion refers to transforming one type of property into another. Validation refers to verifying the authenticity or legitimacy of something. Therefore, the best choice is A – accession.

Quiz 41: Personal Property and Bailments