Question 1

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon. This is a(n)
A)testamentary gift.
B)inter vivos gift.
C)executed gift.
D)gift causa mortis .

Accepted Answer

The gift of the pocket watch to Nurse Nadene was given with the expectation of George's imminent death, indicating that it was a gift causa mortis, which is a gift made in anticipation of one's own death.

Question 2

While driving down his street one evening, Jonah notices that his neighbor has laid out an electric fan for the garbage to pick up the next morning. Jonah stops and has a look at the fan; it seems to be perfectly fine, so he takes it home with him. The fan would most likely be considered
A)lost property.
B)mislaid property.
C)abandoned property.
D)None of these are correct.

Accepted Answer

The fan would most likely be considered abandoned property because it was intentionally left out for the garbage collection, indicating the owner's intention to relinquish ownership.

Question 3

Dersett Trucking hauls granite for the major granite companies in Minnesota. Dersett Trucking does not make its trucking services available to the general public. Dersett Trucking is a contract carrier and does not incur strict liability.

Accepted Answer

The statement accurately describes the trucking services provided by Dersett Trucking, including their status as a contract carrier and their hauling of granite for specific companies. It also correctly notes that they would not incur strict liability, as they are a contract carrier and not a common carrier.

Question 4

A bailment was created for the parties' mutual benefit. This means that the bailee must use ordinary care with the property.

Accepted Answer

When a bailment is created for the parties' mutual benefit, the bailee is expected to exercise ordinary care with the property in order to ensure that both parties derive some benefit from the arrangement.

Question 5

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California. As a bailee, Charles is automatically entitled to use Tuan's car while Tuan is away.

Accepted Answer

As a bailee, Charles has a duty to take care of Tuan's car, not use it for his own purposes. Unless Tuan specifically gives Charles permission to use the car, Charles cannot use it without breaching his duty as a bailee.

Question 6

Alexander loans Miko his baking dish so she can make lasagna for dinner tonight for her family. What kind of bailment is this?
A)bailor benefit bailment
B)bailee benefit bailment
C)constructive bailment
D)mutual benefit bailment

Accepted Answer

This is a bailee benefit bailment because Miko (the bailee) benefits from using Alexander's (the bailor's) baking dish to make lasagna for her family.

Question 7

Buck, fearing death from severe injuries suffered in a machinery accident, assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl, a friend, who gladly accepts. Buck ends up recovering from the injuries. Why must Pearl give the certificate of deposit back to Buck?
A)This type of gift is known as a gift causa mortis . It is a conditional gift which is conditioned on Buck actually dying. Because Buck recovered, the gift is automatically revoked.
B)This is an inter vivos gift because Buck was still alive when the gift was made. Any inter vivos gift is revocable because there is no consideration to make Buck's delivery of the certificate binding under contract law.
C)This is an inter vivos gift and due to state laws, gifts in contemplation of death must be written into a valid will or otherwise the deceased's assets will be distributed according to state statute.
D)This gift is an ordinary gift, but it is revocable because we don't know if the certificate of deposit has matured or not.

Accepted Answer

The gift given by Buck is classified as a gift causa mortis, which is a conditional gift that is based on the donor dying. As Buck recovered from the injuries, the gift automatically revokes.

Question 8

In which of the following scenarios has a gift been made?
A)Alice takes her vacuum cleaner to the repair shop to be fixed. The owner tells her he won't be able to get to the repair for two weeks. "OK," says Alice. "Keep it until then and then go ahead with the repair."
B)Tim knows that Noah likes his collection of Spiderman comics. He tells Noah, "Even though my comics are worth $500, you can have them for $100." Noah agrees and pays Tim the reduced price.
C)Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket.
D)Edith tells her friend, Mateo, that he may have her antique Victrola record player after she passes away. Mateo gratefully thanks Edith for her kindness.

Accepted Answer

In scenario C, Grandpa is explicitly giving Jessica his pocket watch as a gift. In the other scenarios, there may be a transaction or exchange, but a clear gift is not being made.

Question 9

Stephen wants to give his niece, Dawn, a piece of jewelry as a gift. Stephen gives Tracy, his agent, the bracelet to take to Dawn. The delivery element of making a gift has been completed.

Accepted Answer

The answer of Stephen wants to give his niece, Dawn,...

Question 10

In January, Erwin told David, his nephew, that he would give him a car when he graduates from college. David graduated in May. If Erwin refuses to give David a car, David can sue him for breach of an inter vivos gift.

Accepted Answer

An inter vivos gift requires delivery, acceptance, and intent during the giver's lifetime. Erwin's promise does not constitute a completed gift without these elements, and mere promises without consideration are not enforceable contracts.

Question 11

Jared owns 100 acres of woodland. One day, he and Margie are hiking through Jared's woods and Margie finds a gold ring. The true owner is never discovered. Which of the following statements about this situation is correct?
A)Because the ring was found on Jared's property, he is probably entitled to keep it.
B)Margie found the ring, and since the true owner is unknown the ring now belongs to her.
C)By law, Margie needs to return the ring to the spot where she found it, just in case the true owner returns for it.
D)The ring must be sold and the profit split evenly between Jared and Margie.

Accepted Answer

Because the ring was found on Jared's property, he has a stronger claim to it than Margie, despite her being the one who found it. Property laws often favor the landowner in cases of found property when the original owner cannot be identified.

Question 12

Bertha, from Chicago, traveled to San Francisco to attend a conference. Her sister, Martha, lives in San Francisco and consequently, Bertha made arrangements to spend a couple of days with her sister. The next morning sitting at the breakfast table, Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue). Luckily, Martha wears the same size of shoes and lends Bertha a pair of black leather pumps. During the day, the shoes are damaged while Bertha is wearing them. Bertha's duty of care would be a duty of
A)extraordinary care, because this is a bailment for the sole benefit of the bailee.
B)ordinary care, because this is a bailment with both parties receiving mutual benefits.
C)only slight care, because this is a bailment for the sole benefit of the bailor.
D)none, as the sisters would share without condition.

Accepted Answer

In this scenario, Bertha borrowing shoes from Martha constitutes a bailment for the sole benefit of the bailee (Bertha), as only Bertha benefits from using Martha's shoes. Therefore, Bertha owes a duty of extraordinary care towards the borrowed property.

Question 13

All bailments have to be by agreement between the bailor and bailee.

Accepted Answer

Some bailments can be created by law, without an explicit agreement between the bailor and bailee, such as when someone finds lost property and takes custody of it.

Question 14

If property is mislaid, the finder of the property will have a superior claim to possession of the property against everyone except the true owner.

Accepted Answer

The answer of If property is mislaid, the finder of...

Question 15

Ed wants to give Howard his old car, but Howard says he doesn't want it. Howard later reconsiders and tells Ed he does want the car. His previous repudiation means there is no gift, and Howard has no rights in the car.

Accepted Answer

For a gift to be valid, there must be a clear and unequivocal offer by the donor and an acceptance by the donee. Howard's initial refusal negates the acceptance, and without his acceptance at the time of the offer, no gift is established.

Question 16

Jody loaned her neighbor, Phil, her snow blower. Phil set it near his driveway and later accidentally ran over and destroyed it. In a suit to recover damages, Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

Accepted Answer

The answer of Jody loaned her neighbor, Phil, her snow...

Question 17

While shopping at the mall, Everett's wallet fell out of his pocket. Jon found the wallet. The wallet is abandoned property and Jon may keep it.

Accepted Answer

According to the law, the finder of lost property has a duty to try and locate the rightful owner and return it to them. Only after reasonable efforts to locate the owner have been exhausted can the finder claim legal possession of the item. Therefore, Jon cannot simply keep the wallet without trying to locate Everett as the rightful owner.

Question 18

The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made during the donor's lifetime and a gift causa mortis is a gift made after the donor's lifetime by the donor's estate.

Accepted Answer

The statement in the question is incorrect. An inter vivos gift is a gift made during the donor's lifetime, while a gift causa mortis is a gift made by the donor with the expectation of death and takes effect only upon the donor's death.

Question 19

Hanna intends to give her granddaughter, Melodee, her antique hat pin. This heirloom has been kept under lock and key in the wall vault in the library of Hanna's house in Virginia. The hat pin is currently the only item in the vault. When Hanna is visiting Melodee in Connecticut, Hanna gives Melodee the only key to the vault. Melodee is grateful for the present and excitedly accepts. In this situation has there been a completed gift?
A)No. There has been no physical delivery of the hat pin.
B)Yes. There has been physical delivery of the hat pin.
C)No. There has only been constructive delivery of the hat pin.
D)Yes. There has been constructive delivery of the hat pin.

Accepted Answer

For a gift to be considered legally completed, it must meet certain criteria, including the intention to give, acceptance by the recipient, and delivery. In this case, since Hanna gave Melodee the only key to the vault where the hat pin is securely kept, this constitutes constructive delivery. Constructive delivery occurs when the physical handing over of the item is impractical, but the donor does something that amounts to the delivery of the rights to the property, such as giving the recipient the means to access the item.

Question 20

Jerry enters a restaurant and hangs his coat in an unattended cloakroom near the entrance of the restaurant. Even though no employee of the restaurant is present, the provision of the cloakroom makes Jerry think it will be safe. In this situation, the restaurant is the bailor of Jerry's coat.

Accepted Answer

Jerry, by leaving his coat in the cloakroom, is entrusting his property to the care of the restaurant, making him the bailor and the restaurant the bailee.

Quiz 29: Personal Property and Bailment

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon. This is a(n)

While driving down his street one evening, Jonah notices that his neighbor has laid out an electric fan for the garbage to pick up the next morning. Jonah stops and has a look at the fan; it seems to be perfectly fine, so he takes it home with him. The fan would most likely be considered