Question 1

James works at Kay's Breakfast Café. After work, in the parking lot, James finds a diamond ring lost by Lani. Title to the ring is possessed by​
A) ​James.
B) ​Kay's.
C) ​Lani.
D) ​the state.

Accepted Answer

The title to the ring is possessed by Lani, the original owner of the ring. James may have physical possession of the ring, but he does not have legal ownership or title to it. Kay's Breakfast Café also does not have legal ownership of the ring simply because the ring was found on their property. If Lani can be identified as the owner of the ring, James should make efforts to return it to her.

Question 2

Belle finds a tablet on the counter at Café Latte. She takes it to a police station where she is told that if it is not claimed by a certain time, she can obtain title to it. This is acquiring possession by​
A) ​an estray statute.
B) ​gift.
C) ​confusion.
D) ​production.

Accepted Answer

Acquiring possession through an estray statute is the process of finding lost or abandoned property and reporting it to the authorities. If the property is not claimed within a specified time frame, the finder can obtain legal ownership of it.

Question 3

Angela is in good health and sound mind when she gives Brianna a quarter horse. Brianna accepts. This is a gift​
A) ​inter vivos.
B) ​causa mortis.
C) ​by accession.
D) ​by production.

Accepted Answer

An inter vivos gift is a gift made during one's lifetime, without the anticipation of death. In this scenario, Angela is in good health and sound mind when she gives Brianna the horse, indicating that it was a voluntary, inter vivos gift.

Question 4

In contemplation of death during risky surgery, Ben, a guitarist, gives his guitars to Cathy. The surgery is successful, and Ben 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) ​revoked because it was a gift inter vivos.

Accepted Answer

The answer of In contemplation of death during risky surgery,...

Question 5

Lauren owns a 1967 Ford Mustang, which Mike customizes and details to Lauren's specifications. The car earns several awards at regional vehicle customizing competition shows. The result of Mike's efforts is​
A) ​accession.
B) ​acquisition.
C) ​conversion.
D) ​a bailment.

Accepted Answer

The answer of Lauren owns a 1967 Ford Mustang, which...

Question 6

Rob steals a damaged, broken bike that is parked, unlocked, in a bike rack. He repairs, paints, and replaces parts on the bike until it is like new. The original owner, Sue, then claims it. The bike belongs to​
A) ​Rob and Sue as co-owners.
B) ​Rob because he improved it substantially.
C) ​the state under an estray statute.
D) ​Sue because Rob stole it.

Accepted Answer

The bike still belongs to Sue because Rob obtained it through theft. Rob's repairs and improvements do not negate the fact that he took something that did not belong to him.

Question 7

Nan asks Otto if she can store her car in his garage while she serves in the U.S. Army. He agrees. This is​
A) ​a bailment.
B) ​accession.
C) ​a gift.
D) ​abandoned property.

Accepted Answer

This is a bailment because Nan is entrusting her car to Otto with the expectation that he will return it to her when she comes back from serving in the U.S. Army.

Question 8

Gary tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies, but he does not add this to his will. This is​
A) ​a gift causa mortis.
B) ​a gift inter vivos.
C) ​a gift by accession.
D) ​not a gift.

Accepted Answer

The promise made by Gary to his daughter is not considered a gift because it was not actually given to her during his lifetime or specified in his will. It is simply a verbal promise that may or may not be fulfilled in the future.

Question 9

Nero and Omar agree to buy natural gas to sell to Power Fuel Company and to share storage costs until Power Fuel can take delivery. The gas is commingled so that Nero's cannot be distinguished from Omar's. This is​
A) ​accession.
B) ​confusion.
C) ​conversion.
D) ​a bailment.

Accepted Answer

The answer of Nero and Omar agree to buy natural...

Question 10

Inadvertently, Ralph leaves his backpack at Sushi Café when he stops for lunch. The backpack is​
A) ​abandoned property.
B) ​bailed property.
C) ​lost property.
D) ​mislaid property.

Accepted Answer

The answer of Inadvertently, Ralph leaves his backpack at Sushi...

Question 11

Perry gives Rachel a phone as a gift. Rachel develops a new app for the phone, obtains intellectual property protection, and forms QuikApps, LLC, to sell it. Rachel's acquisition of the app is by​
A) ​possession.
B) ​a bailment.
C) ​gift.
D) ​production.

Accepted Answer

The answer of Perry gives Rachel a phone as a...

Question 12

Enrico leaves his Ford sport utility vehicle at Gordo's Auto Service for an oil change. This is​
A) ​a bailment.
B) ​a gift.
C) ​confusion.
D) ​abandoned property.

Accepted Answer

Enrico has left his car at Gordo's Auto Service for a specific purpose and has entrusted it to their care. This is a bailment, which is a legal relationship where the owner (bailor) entrusts their property to another (bailee) for a specific purpose or duration.

Question 13

Neal allows Owen to store his trailer on Neal's property for $20 a month while Owen is out of town on a job for Plain States Construction, his employer. The bailor is​
A) ​Neal.
B) ​Owen.
C) ​Plain States.
D) ​the trailer.

Accepted Answer

The answer of Neal allows Owen to store his trailer...

Question 14

Miranda delivers her bridesmaid's dress to Nina for alterations. Nina promises that the dress will be ready within five business days. Miranda agrees to pay the charge when she picks up the dress. This is​
A) ​an implied bailment.
B) ​an involuntary bailment.
C) ​an express bailment.
D) ​not a bailment.

Accepted Answer

This is an example of an express bailment as Miranda has expressly agreed for Nina to hold onto and alter her dress and Nina has agreed to perform the service within a specific timeframe. The agreement between the two establishes a bailment relationship.

Question 15

Yogi loans his laptop to Zoey. This is​
A) ​a bailment.
B) ​acquiring ownership by possession.
C) ​a gift.
D) ​accession.

Accepted Answer

Yogi is entrusting his laptop to Zoey, which creates a bailment. A bailment is a transfer of possession of personal property from one person (the bailor) to another person (the bailee) who holds the property for a certain purpose and must return it to the bailor.

Question 16

Ester sells stock in Fast Food Inc. to Gayle. Ester does not hand the stock certificates to Gayle, but gives her the key to a safety-deposit box in Heartland Bank in which the certificates are locked. This is​
A) ​incomplete delivery.
B) ​constructive delivery.
C) ​accession.
D) ​conversion.

Accepted Answer

This is constructive delivery, as Ester gave Gayle access to the safety-deposit box in which the stock certificates are located. While Gayle does not physically possess the certificates, she has the ability to exercise control over them.

Question 17

Gina buys silver to make jewelry. The finished products are sold to Hand Crafts, a shop that sells these items and others to customers who often present them as gifts. The most common way to acquire personal property is to​
A) ​purchase it.
B) ​add value to it.
C) ​make it.
D) ​receive it as a gift.

Accepted Answer

The most common way to acquire personal property is to purchase it, as it is in the case of Gina buying silver to make jewelry. While adding value to an item or making it oneself are also ways to acquire personal property, they are less common than purchasing it. Receiving an item as a gift is also a way to acquire personal property, but it is not as common as purchasing it, as people usually have to pay for the items they acquire.

Question 18

Paca is declared mentally incompetent. Quelita, Paca's friend, insists that Paca transfer her assets to Quelita "for safekeeping." If Paca makes this "gift," a court might conclude that it is not effective on the ground that there was no
A) ​acceptance by the donee.
B) ​constructive delivery.
C) ​donative intent.
D) ​relinquishment of control.

Accepted Answer

The court might conclude that the gift is not effective because there was no donative intent, which is the intention to make a gift or transfer property without receiving anything in return. Paca was declared mentally incompetent, indicating that she lacks the capacity to make informed decisions regarding her property. Additionally, Quelita insisting on the transfer may imply undue influence, which further undermines the existence of donative intent.

Question 19

Mallory's brother Nate gives her a leather working kit. She uses it to make a saddle. Her acquisition of the saddle is by​
A) ​gift.
B) ​accession.
C) ​confusion.
D) ​production.

Accepted Answer

The answer of Mallory's brother Nate gives her a leather...

Question 20

Dick buys a fishing license and goes fishing. He catches a rainbow trout, cleans it, cooks it, and eats it. Dick's acquisition of the trout is by​
A) ​possession.
B) ​accession.
C) ​preparation.
D) ​production.

Accepted Answer

The answer of Dick buys a fishing license and goes...

Quiz 27: Personal Property and Bailments

James works at Kay's Breakfast Café. After work, in the parking lot, James finds a diamond ring lost by Lani. Title to the ring is possessed by​

Belle finds a tablet on the counter at Café Latte. She takes it to a police station where she is told that if it is not claimed by a certain time, she can obtain title to it. This is acquiring possession by​

Angela is in good health and sound mind when she gives Brianna a quarter horse. Brianna accepts. This is a gift​

In contemplation of death during risky surgery, Ben, a guitarist, gives his guitars to Cathy. The surgery is successful, and Ben does not die. The gift of the guitars is​

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

Rob steals a damaged, broken bike that is parked, unlocked, in a bike rack. He repairs, paints, and replaces parts on the bike until it is like new. The original owner, Sue, then claims it. The bike belongs to​

Nan asks Otto if she can store her car in his garage while she serves in the U.S. Army. He agrees. This is​

Gary tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies, but he does not add this to his will. This is​

Nero and Omar agree to buy natural gas to sell to Power Fuel Company and to share storage costs until Power Fuel can take delivery. The gas is commingled so that Nero's cannot be distinguished from Omar's. This is​

Inadvertently, Ralph leaves his backpack at Sushi Café when he stops for lunch. The backpack is​

Perry gives Rachel a phone as a gift. Rachel develops a new app for the phone, obtains intellectual property protection, and forms QuikApps, LLC, to sell it. Rachel's acquisition of the app is by​

Enrico leaves his Ford sport utility vehicle at Gordo's Auto Service for an oil change. This is​

Neal allows Owen to store his trailer on Neal's property for $20 a month while Owen is out of town on a job for Plain States Construction, his employer. The bailor is​

Miranda delivers her bridesmaid's dress to Nina for alterations. Nina promises that the dress will be ready within five business days. Miranda agrees to pay the charge when she picks up the dress. This is​

Yogi loans his laptop to Zoey. This is​

Ester sells stock in Fast Food Inc. to Gayle. Ester does not hand the stock certificates to Gayle, but gives her the key to a safety-deposit box in Heartland Bank in which the certificates are locked. This is​

Gina buys silver to make jewelry. The finished products are sold to Hand Crafts, a shop that sells these items and others to customers who often present them as gifts. The most common way to acquire personal property is to​

Paca is declared mentally incompetent. Quelita, Paca's friend, insists that Paca transfer her assets to Quelita "for safekeeping." If Paca makes this "gift," a court might conclude that it is not effective on the ground that there was no

Mallory's brother Nate gives her a leather working kit. She uses it to make a saddle. Her acquisition of the saddle is by​

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

James works at Kay's Breakfast Café. After work, in the parking lot, James finds a diamond ring lost by Lani. Title to the ring is possessed by

Belle finds a tablet on the counter at Café Latte. She takes it to a police station where she is told that if it is not claimed by a certain time, she can obtain title to it. This is acquiring possession by

Angela is in good health and sound mind when she gives Brianna a quarter horse. Brianna accepts. This is a gift

In contemplation of death during risky surgery, Ben, a guitarist, gives his guitars to Cathy. The surgery is successful, and Ben does not die. The gift of the guitars is

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

Rob steals a damaged, broken bike that is parked, unlocked, in a bike rack. He repairs, paints, and replaces parts on the bike until it is like new. The original owner, Sue, then claims it. The bike belongs to

Nan asks Otto if she can store her car in his garage while she serves in the U.S. Army. He agrees. This is

Gary tells his daughter Heidi that she can have his restored 1932 Ford Coupé when he dies, but he does not add this to his will. This is

Nero and Omar agree to buy natural gas to sell to Power Fuel Company and to share storage costs until Power Fuel can take delivery. The gas is commingled so that Nero's cannot be distinguished from Omar's. This is

Inadvertently, Ralph leaves his backpack at Sushi Café when he stops for lunch. The backpack is

Perry gives Rachel a phone as a gift. Rachel develops a new app for the phone, obtains intellectual property protection, and forms QuikApps, LLC, to sell it. Rachel's acquisition of the app is by

Enrico leaves his Ford sport utility vehicle at Gordo's Auto Service for an oil change. This is

Neal allows Owen to store his trailer on Neal's property for $20 a month while Owen is out of town on a job for Plain States Construction, his employer. The bailor is

Miranda delivers her bridesmaid's dress to Nina for alterations. Nina promises that the dress will be ready within five business days. Miranda agrees to pay the charge when she picks up the dress. This is

Yogi loans his laptop to Zoey. This is

Ester sells stock in Fast Food Inc. to Gayle. Ester does not hand the stock certificates to Gayle, but gives her the key to a safety-deposit box in Heartland Bank in which the certificates are locked. This is

Gina buys silver to make jewelry. The finished products are sold to Hand Crafts, a shop that sells these items and others to customers who often present them as gifts. The most common way to acquire personal property is to

Mallory's brother Nate gives her a leather working kit. She uses it to make a saddle. Her acquisition of the saddle is by

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