Question 1

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price,a bailee is given a[n] ________.

Accepted Answer

A)  Bill of lading
B)  Bailee's lien
C)  Enforcement lien
D)  Bailor's lien
E)  Lien documentF) C) and E)
G) A) and E)

Question 2

Will the hotel be liable for the value of the stolen television?

Accepted Answer

A)  No,because the hotel was unaware of the presence of the television in Lisa and Jason's car.
B)  Yes,but only if the hotel recommended that particular parking facility to Lisa and Jason.
C)  No,because the hotel did not provide,nor was the hotel affiliated with,the parking facility in which Lisa and Jason parked their car.
D)  No,because the television could not have physically fit into the hotel safe.
E)  Yes,because the hotel did not provide a secured parking facility for its guests.F) All of the above
G) None of the above

Question 3

There are three types of documents of title governing bailments.Please list and describe each type of document,including when and by whom each would be used.

Accepted Answer

The three types of documents of title go...

Question 4

Which of the following statements is NOT true regarding common carriers?

Accepted Answer

A)  Common carriers are subject to regulation by government agencies.
B)  Common carriers may be limited in scope of services they provide by type of goods carried.
C)  Common carriers provide transportation services only to a select group.
D)  Common carriers may be limited in scope of services they provide by geographic region.
E)  Common carriers are licensed to provide transportation services to the public.F) B) and E)
G) None of the above

Question 5

[Disputed Ring] While working in the yard Megan found a beat up ring.Taylor,an eighteen-year-old teenager and neighbor,came over to visit and liked the ring.Megan told her,"You can have this old thing if you would like." Taylor replied,"I really like it - Maybe it's a real diamond!" Megan laughingly told her that there was a one in a billion chance of that and that Megan was more likely to win the lottery.A few months later Taylor ran over to Megan's house and told Megan that the ring actually was a diamond worth thousands! Taylor gave Megan the ring to examine.Megan put it in her pocket and told Taylor that she would never have given it to her if she had realized its value and that possession was back where it had always belonged.Megan also told Taylor that Taylor failed legally to accept the gift because neither party knew its true value and that because Megan did not sign any document turning over title,it was impossible for legal ownership to pass.Taylor sues.
-Which of the following terms best describes the type of gift,if any,at issue?

Accepted Answer

A)  A gift causa vivos
B)  A gift causa mortis
C)  A gift inter vivos
D)  A gift inter mortis
E)  There was no gift because Megan did not realize the ring's value.F) B) and C)
G) A) and D)

Question 6

[Stolen Bicycle] Jason borrowed his friend Sabrina's bicycle.She told him that she was happy to let him to use it for free,but that she would appreciate him taking good care of it.Jason said nothing in reply.Jason lived in a high crime neighborhood,but he left the bicycle unlocked on his deck anyway.The next morning,he discovered that the bicycle had been stolen.Jason told Sabrina that he was very sorry about the bicycle.Sabrina told him that she expected him to pay for it.Jason refused on the basis that a thief took the bicycle.Jason told Sabrina that he believes he knows the identity of the thief and that since only Sabrina has the right to sue to recover the property,he has no further responsibility.
-What is the status of the bailment situation,or lack thereof,existing between Jason and Sabrina?

Accepted Answer

A)  It was a bailment for consideration.
B)  It was a gratuitous bailment.
C)  There was no bailment because no consideration was provided.
D)  It was a constructive bailment.
E)  It was a temporary bailment.F) B) and E)
G) B) and C)

Question 7

Who is the legal owner of the wallet?

Accepted Answer

A)  Susan
B)  Olivia
C)  Ed
D)  Scott
E)  LarryF) A) and B)
G) C) and E)

Question 8

Which of the following practices is NOT a means of acquiring ownership of property?

Accepted Answer

A)  Evolution
B)  Confusion
C)  Creation
D)  Voluntary transfer
E)  PossessionF) A) and B)
G) B) and D)

Question 9

In the Case Opener,Sellers v.United States is discussed to illustrate the example of a potential for bailment relationships between prison inmates and prison authorities.What was the Seventh Circuit's main holding in this case?

Accepted Answer

A)  The court held that once a prisoner establishes a bailment relationship with a prison guard,if that property is lost or stolen,the government can be held liable for conversion of the property that was subject to the bailment.
B)  The court held that because there are restrictions placed on what property inmates can possess in prison,prison officials are immune from litigation if an inmate's property is lost or stolen.
C)  The court ruled that while inmates have limited property rights,an inmates do not have the right to expect a prison guard to safeguard their belongings.
D)  The court held that although inmates cannot enter into bailment agreements,prison guards have a duty to reasonably secure inmates' belongings,including locking inmates' cells when they are unoccupied.
E)  The court ruled that inmates forfeit all property rights - including the right to enter into a bailment agreement - upon entry to prison.F) A) and E)
G) A) and D)

Question 10

Which of the following statements is true regarding Jason's obligation to Sabrina?

Accepted Answer

A)  He is liable for the theft of the bailed property caused by even the slightest lack of due care on his part.
B)  He is liable for the theft of the bicycle arising out of his ordinary or gross negligence.
C)  He is not liable for the theft of the bicycle because of the doctrine of assumption of the risk.
D)  He is strictly liable for the theft of the bicycle.
E)  He is liable for the theft of the bicycle arising out of his gross negligence.F) A) and B)
G) A) and C)

Question 11

Which of the following statements is true if a bailment is for the mutual benefit of both the bailee and the bailor?

Accepted Answer

A)  The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence.
B)  The bailee is liable for harm to the bailed property caused by even the slightest lack of due care on the part of the bailee.
C)  The bailee is liable for harm to the bailed property arising out of the bailee's ordinary or gross negligence.
D)  The bailee is strictly liable for harm to the bailed property.
E)  The bailee is not liable for harm to the bailed property because of the doctrine of assumption of the risk.F) A) and B)
G) All of the above

Question 12

At common law,innkeepers were held to the same strict-liability standard of care for their guests' property as what other group?

Accepted Answer

A)  Merchants
B)  Shippers
C)  Vendors
D)  Common carriers
E)  Private carriersF) A) and E)
G) B) and D)

Question 13

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Accepted Answer

A) True 
 B)False

Question 14

Bank accounts,stocks,and insurance policies are examples of which of the following types of property?

Accepted Answer

A)  Intangible
B)  Manifest
C)  Tangible
D)  Substantive
E)  UnsubstantialF) C) and E)
G) A) and B)

Question 15

Property that the original owner has permanently discarded is classified as ________ property.

Accepted Answer

A)  Discarded
B)  Tossed
C)  Terminated
D)  Mislaid
E)  AbandonedF) B) and D)
G) A) and C)

Question 16

Instead of being stolen from the locker,assume that the gym is struck by lightning,and Roxie's cell phone is destroyed in a resulting fire.Who would be liable for the cost of the cell phone in this instance and why?

Accepted Answer

A)  Roxie,because she still stored the cell phone in an unlocked locker.
B)  Roxie,because the lightning strike and resulting fire was an "act of God."
C)  Both Roxie and the gym are liable for one-half the cost to replace the cell phone.
D)  The gym,because an act of God automatically creates liability in the bailee.
E)  The gym,because they failed to extinguish the fire before it destroyed the phone.F) C) and E)
G) A) and E)

Question 17

Property that is initially movable,but then becomes attached to land,is classified as an) :

Accepted Answer

A)  Appliance
B)  Easement
C)  Addition
D)  Appurtenance
E)  FixturesF) A) and E)
G) C) and E)

Question 18

A writing is required for a bailment that will not be completed within 6 months,according to the statute of frauds.

Accepted Answer

A) True 
 B)False

Question 19

When does title to property pass from one party to another?

Accepted Answer

A)  When the parties intend for title to pass from one party to another.
B)  Twenty-four hours after possession of the property is obtained by the donee.
C)  When a contract is executed between the parties.
D)  Three days after a contract is signed and executed by both parties.
E)  When physical possession of the property is obtained by the donee.F) B) and C)
G) A) and E)

Question 20

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Accepted Answer

A)  The carrier is liable only if gross negligence can be proven.
B)  The carrier is generally strictly liable for harm to the bailed property.
C)  The carrier is liable only if ordinary or gross negligence can be proven.
D)  Because of the doctrine of assumption of risk,the carrier is not liable for harm to the bailed property.
E)  The carrier is liable only if it can be proven that the carrier acted in a reckless manner.F) A) and D)
G) All of the above

Exam 48: The Nature of Property, personal Property, and Bailments

When does title to property pass from one party to another?

Correct Answer
verified

At common law,innkeepers were held to the same strict-liability standard of care for their guests' property as what other group?

Correct Answer
verified

Bank accounts,stocks,and insurance policies are examples of which of the following types of property?

Correct Answer
verified

There are three types of documents of title governing bailments.Please list and describe each type of document,including when and by whom each would be used.

Correct Answer
verified
The three types of documents of title go...
View Answer

Instead of being stolen from the locker,assume that the gym is struck by lightning,and Roxie's cell phone is destroyed in a resulting fire.Who would be liable for the cost of the cell phone in this instance and why?

Correct Answer
verified

Which of the following statements is true regarding Jason's obligation to Sabrina?

Correct Answer
verified

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct Answer
verified

Which of the following statements is NOT true regarding common carriers?

Correct Answer
verified

Correct Answer
verified

Which of the following practices is NOT a means of acquiring ownership of property?

Correct Answer
verified

Who is the legal owner of the wallet?

Correct Answer
verified

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Correct Answer
verified

Will the hotel be liable for the value of the stolen television?

Correct Answer
verified

Property that is initially movable,but then becomes attached to land,is classified as an) :

Correct Answer
verified

A writing is required for a bailment that will not be completed within 6 months,according to the statute of frauds.

Correct Answer
verified

Which of the following statements is true if a bailment is for the mutual benefit of both the bailee and the bailor?

Correct Answer
verified

Property that the original owner has permanently discarded is classified as ________ property.

Correct Answer
verified

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price,a bailee is given a[n] ________.

Correct Answer
verified

Correct Answer
verified

In the Case Opener,Sellers v.United States is discussed to illustrate the example of a potential for bailment relationships between prison inmates and prison authorities.What was the Seventh Circuit's main holding in this case?

Correct Answer
verified

Exam 48: The Nature of Property, personal Property, and Bailments

When does title to property pass from one party to another?

Correct AnswerverifiedShow Answer

At common law,innkeepers were held to the same strict-liability standard of care for their guests' property as what other group?

Correct AnswerverifiedShow Answer

Bank accounts,stocks,and insurance policies are examples of which of the following types of property?

Correct AnswerverifiedShow Answer

There are three types of documents of title governing bailments.Please list and describe each type of document,including when and by whom each would be used.

Correct AnswerverifiedThe three types of documents of title go...View AnswerShow Answer

Instead of being stolen from the locker,assume that the gym is struck by lightning,and Roxie's cell phone is destroyed in a resulting fire.Who would be liable for the cost of the cell phone in this instance and why?

Correct AnswerverifiedShow Answer

Which of the following statements is true regarding Jason's obligation to Sabrina?

Correct AnswerverifiedShow Answer

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct AnswerverifiedShow Answer

Which of the following statements is NOT true regarding common carriers?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following practices is NOT a means of acquiring ownership of property?

Correct AnswerverifiedShow Answer

Who is the legal owner of the wallet?

Correct AnswerverifiedShow Answer

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Correct AnswerverifiedShow Answer

Will the hotel be liable for the value of the stolen television?

Correct AnswerverifiedShow Answer

Property that is initially movable,but then becomes attached to land,is classified as an) :

Correct AnswerverifiedShow Answer

A writing is required for a bailment that will not be completed within 6 months,according to the statute of frauds.

Correct AnswerverifiedShow Answer

Which of the following statements is true if a bailment is for the mutual benefit of both the bailee and the bailor?

Correct AnswerverifiedShow Answer

Property that the original owner has permanently discarded is classified as ________ property.

Correct AnswerverifiedShow Answer

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price,a bailee is given a[n] ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In the Case Opener,Sellers v.United States is discussed to illustrate the example of a potential for bailment relationships between prison inmates and prison authorities.What was the Seventh Circuit's main holding in this case?

Correct AnswerverifiedShow Answer

Correct Answer
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verified
The three types of documents of title go...
View Answer

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