Personal Property and Bailments :
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Meyer v. Mitnick
, the court ruled that the donor had made an absolute gift to the donee.
2. A constructive bailment arises when one comes into possession of the personal property of another without the owner's consent.
3. The Paraskevaides vs. Four Seasons Washington case found that the hotel was liable for the loss of plaintiffs' property.
4. The ordinary gift made between two living persons is a gift
5. The intent to make a gift requires the donee's intent to transfer title at that time.
6. A testamentary gift is made when a person writes a last will and testament and believes she is about to die.
7. Personal property is abandoned when an owner does not know where it is located but intends to retain title or ownership to it.
8. A bailment for the benefit of the bailor is sometimes described as a constructive bailment.
9. A tenancy in common is a form of ownership by two or more persons.
10. Joint tenancy and tenancy in common both feature the right of survivorship.
11. A maintenance employee at a hotel finds a pocketbook with $500 in cash while cleaning an empty guest room. Which of the following is correct?
a. Finding the property creates a gratuitous bailment and the employee is entitled to keep this property because he has the legal status of "finder."
b. Finding the property creates a constructive bailment and the employee must give the property to the manager of the hotel to be kept for the owner.
c. The employee must place an advertisement in a local newspaper; if the property is not claimed within seven business days, the employee is entitled to keep it.
d. The employee can use and possess the property until the owner establishes ownership.
12. Sarah threw an old chair threw away in the garbage that had been in her family for many years. She placed it on the curb with the rest of the trash for pickup. Carol came by and began to admire the chair. Although the chair was heavy, Carol picked it up and told her friend that she had just found an antique chair. Sarah heard this and she demanded the return of the chair. The chair belongs to:
a. Sarah unless Carol can show Sarah gave it to her.
b. Sarah because there was no intent to make a gift.
c. Carol, because anything one finds belongs to the finder.
d. Carol, because Sarah abandoned it and Carol took possession of it.
13. To establish a gift, the party claiming to be the donee must prove:
a. delivery only.
b. intent only.
c. intent and a promise to deliver.
d. intent and delivery.
14. Harry and Sharon owned Blueacre as tenants in common. Sharon died. Blueacre is owned:
a. solely by Harry because of the survivorship feature.
b. jointly by Harry and the state because of escheat.
c. by Harry and Sharon's heirs.
d. solely by Sharon's heirs.
15. Joan brought her car into Ace Service Station for a tune-up. Ace, the owner, after tuning up the car, decided to ride over to see his mother. Ace drove Joan's car. Ace was following all safety precautions when a negligent driver without insurance struck Joan's car. Joan sued Ace for the damages to her car. The probable result is:
a. Ace will win for he was taking reasonable care of the bailed goods.
b. Ace will win for the bailee has the right to use the bailed goods. .
c. Joan will win for the harm was sustained during the unauthorized use of the property by the bailee.
d. Joan will win because bailees are absolutely liable for the bailed goods.
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