Austin Community College

LGLA MISC

Chapter 20 PERSONAL PROPERTY AND BAILMENTS

TRUE FALSE

1)A right in a thing is considered property.

1. True

2. False

2. Personal property is tangible and immovable.

1. True

2. False

3. Title to personal property can be acquired by gift or purchase or stolen property.

1. True

2. False

4. If a thief sells stolen property to a good-faith buyer, the buyer acquires title to the property.

1. True

2. False

5. An ordinary gift made between two living persons is called an inter vivos gift.

1. True

2. False

6. The intent to make a gift requires an intent to transfer title at that time.

1. True

2. False

7. Proper delivery of a car would be satisfied with the delivery of a key.

1. True

2. False

8. A custodian who holds money for the benefit of a minor under the Uniform Gifts to Minors Act may choose to use the money to send the minor to summer camp.

1. True

2. False

9. A gift causa mortis is considered a conditional gift.

1. True

2. False

10. Most courts consider an engagement ring to be a conditional gift.

1. True

2. False

11. Wrongful dominion over a principal's tangible personal property is a form of conversion.

1. True

2. False

12. Personal property is lost when an owner does not know where it is located but intends to find it.

1. True

2. False

13. Upon the death of a joint tenancy with a right of survivorship, that deceased joint tenant's share passes to the remaining tenants equally.

1. True

2. False

14. If while trespassing a hunter kills game, the game belongs to that hunter.

1. True

2. False

15. Title to abandoned property is acquired by the first person who obtains possession and control of the property.

1. True

2. False

16. Unclaimed property is often transferred to the government under the concept of escheat.

1. True

2. False

17. Severalty is a form of property ownership by two or more persons.

1. True

2. False

18. Joint tenancy and tenancy in common both feature the right of survivorship.

1. True

2. False

19. At common law, a tenancy by entirety is created when property is transferred to both husband and wife.

1. True

2. False

20. In states that follow the community property tradition, property acquired after the marriage belongs solely to the party who acquired it.

1. True

2. False

21. In a bailment, the person who turns over the possession of bailed property is the bailee, and the person who accepts possession is the bailor.

1. True

2. False

22. An ordinary bailment can arise with only an implied agreement between the parties.

1. True

2. False

23. In certain cases, real property can constitute a bailment.

1. True

2. False

24. In a bailment, the bailee does not necessarily have to be aware that the bailed goods were placed within the Bailee's exclusive possession or control.

1. True

2. False

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

1. True

2. False

26. Transfer or possession and use of bailed property without compensation is called a constructive bailment.

1. True

2. False

27. Joe rents a unit at the local Stor-More storage complex and places a lock on the unit's door. Joe has created a bailment with Stor-More.

1. True

2. False

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

1. True

2. False

29. 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.

1. True

2. False

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

1. True

2. False

MULTICHOICE

31.                        property means land and things embedded in the land.

1. Real

2. Personal

3. Intangible

4. Tangible

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

1. delivery only.

2. intent only.

3. intent and a promise to deliver.

4. intent and delivery.

33. A gift causa mortis does not become irrevocable until the donor                          from the contemplated event, but it is                  revoked if the donor survives.

1. dies, automatically

2. recovers, automatically

3. dies, not

4. recovers, not

34. 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:

1. comply with Tom's order, because the custodian controls the account.

2. refuse Tom's order, because this would clearly not be for the benefit of Mary.

3. comply with Tom's order, because Uniform Gifts to Minors accounts are not final.

4. comply with Tom's order if Mary is under 18 years of age and refuse the order if she is over 18 years of age.

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

1. is entitled to keep the property, because the employee has the legal status of a "finder."

2. must give the property to the manager of the hotel to be kept for the owner.

3. must place an advertisement in a local newspaper, and if the property is not claimed within seven (7) business days, the employee is entitled to keep it.

4. can retain possession of the property until the owner establishes ownership.

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

1. bailor

2. bailee

3. constructive bailee

4. owner

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

1. joint tenancy

2. tenancy by entirety

3. tenancy in common

4. community property

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

1. solely by Barry because of the survivorship feature.

2. jointly by Barry and the state because of escheat.

3. by Barry and Eldridge's heirs.

4. solely by Eldridge's heirs.

39. A third person to whom a joint tenant's interest is transferred becomes a: tenant by the entirety.

1. joint tenant.

2. cotenant.

3. tenant in common.

4. tenant by the entirety.

40. 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. Who owns the home at Morris's death?

1. The home is now owned solely by Sylvia.

2. The home is now owned by a joint tenancy between Sylvia and Tim.

3. The home is now owned by a tenancy in common between Sylvia and Tim.

4. The home is now owned by Sylvia and the state, in equal and divisible shares.

41. Jill claims that Fred, who is terminally ill and scheduled for surgery, gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine?

1. Whether Fred made a gift causa mortis.

2. Whether Fred had donative intent.

3. Whether Jill accepted the property.

4. Whether Jill made a gift inter vivos.

42. Bailments may be:

1. created orally or through a writing.

2. created for either real or personal property.

3. created for nonpossessory personal property.

4. made only after delivery to the bailor is accomplished.

43. A bailee's interest in the bailed property can be characterized as:

1. ownership.

2. a fractional proprietary interest.

3. possession.

4. constructive ownership.

44. Which of the following is not a classification of ordinary bailments?

1. for the sole benefit of the bailor

2. for the sole benefit of the bailee

3. for the sole benefit of the third party beneficiary

4. for the mutual benefit of the bailor and the bailee

45. If Susan rents a locked space in a U-Haul storage facility, she and U-Haul:

1. have created a mutual benefit bailment.

2. have not created a bailment until she pays the first month's storage fee.

3. have not created a bailment because there was no delivery of goods.

4. have created a constructive bailment.

46. A bailee's                          gives the bailee the right to maintain possession of the bailed property until reasonable storage and/or repair charges are paid.

1. reversionary interest

2. lien

3. remainder interest

4. mortgage

47. Joan brought her car into Ace's Service Station for a tune-up. After tuning  up  the  car,  Ace decided to visit 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:

1. Ace will win, since he was taking reasonable care of the bailed goods.

2. Ace will win, since the bailee has the right to use the bailed goods.

3. Joan will win, since the harm was sustained during the bailee's unauthorized use of the property.

4. Joan will win, since bailees are absolutely liable for bailed goods in their possession and control.

48. Warren brought his television in for repairs. After Warren left the store, gunmen came in to rob the proprietor. As they ran out, Warren's television was knocked over and destroyed. Warren demanded that the proprietor of the store compensate him for the fair market value of the television. The bailee:

1. is liable, since the goods were not returned to Warren in proper condition.

2. is liable, since the bailee did not prevent the gunmen from damaging the television.

3. is not liable, since this was a mutual-benefit bailment.

4. is not liable, since the damage was caused by the criminal act of a third party.

49. When a bailor sues the bailee for damages to the bailed property, who has the burden of proving fault and that such fault was the proximate cause of the bailor's loss?

1. the person in possession of the property