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

A) Transfer
B) Bailment
C) Loan
D) Release
E) Lease

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A) The court held that the plaintiff had abandoned all personal property it left on the premise following its failure to post the requisite bond to retain possession of the property.
B) The court held that regardless of the intent of the plaintiff,the property was considered abandoned based on the fraud committed by the plaintiff as to the defendant.
C) The court held that because no affirmative written statement expressing the plaintiff's intent to abandon the property was made,it would not be considered abandoned.
D) The court held that regardless of the intent of the plaintiff,the property was considered abandoned based on the amount of money the plaintiff owed to the defendant.
E) The court held that because no affirmative statement,either orally or in writing,was made expressing the plaintiff's intent to abandon the property,it would not be considered abandoned.

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A) A bailment may only benefit a bailor.
B) A bailment may benefit either a bailor or a bailee,or both.
C) A bailment may only benefit a bailee.
D) A bailment may benefit a either a bailor or a bailee,but never both.
E) A bailment may benefit a bailee only if the bailee owed a preexisting debt to the bailor.

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A) Devin's statement was meaningless because of the condition of death placed on the gift.
B) Devin's statement created a gift causa mortis of the lottery ticket.
C) Devin's statement created a gift causa vivos of the lottery ticket.
D) Devin's statement created a gift inter vivos of the lottery ticket.
E) Devin's statement created a gift inter mortis of the lottery ticket.

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A) Appraised
B) Personal
C) Valued
D) Real
E) Substantive

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A) The bailee must take reasonable care of the bailed property.
B) The bailee must not alter the bailed property in any unauthorized manner.
C) The bailee must return the bailed property in good condition at the end of the bailment.
D) The bailee must maintain the property at his or her own expense.
E) The bailee must use the bailed property only as stipulated in the bailment agreement.

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A) Abandoned
B) Discarded
C) Mislaid
D) Lost
E) Terminated

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A) That it would be unconscionable to hold the car wash liable for the loss.
B) That the car wash was liable to the plaintiff because the car wash accepted responsibility as a bailee.
C) That the car wash was liable to the plaintiff for the loss because the car wash had not issued a valid disclaimer.
D) That the car wash and the plaintiff would be required to split the loss.
E) That the car wash was not liable to the plaintiff because the car wash employees had no notice they were taking responsibility for the jewelry.

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A) Because an implied bailment requires knowledge of the existence of the bailed property by both parties,and Roxie hid the phone in her clothes.
B) Because the gym is a public facility in which there is a lessened expectation of liability than in private or exclusive facilities.
C) Because an express bailment must be in writing and signed by both parties,and no such agreement was in place in this scenario.
D) Because the gym limited their liability by posting conspicuous signs describing the limits of their liability.
E) Because the phone was stolen by a third party,and the act was therefore out of the gym's ability to control.

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A) That the plaintiff was entitled to recover only ½ of his losses due to the application of the Innkeeper Act and the fact that the items could have been deposited in the hotel safe.
B) That as a matter of law,the plaintiff was entitled to prevail because the Innkeeper Act applies to shield a hotel only from acts of its employees with pass keys,not acts of a non-employee thief.
C) That the Innkeeper Act shielded the hotel from liability because the items could have been deposited in the hotel safe and that the plaintiff was not therefore entitled to recover.
D) That a jury question was presented as to whether the negligence of the hotel prevented it from relying on the protection of the Innkeeper Act.
E) That as a matter of law,the plaintiff was entitled to prevail because the negligence of the hotel prevented it from relying on the protection of the Innkeeper Act.

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A) In all states,the finder of property has an obligation to put a notice in the local paper looking for the true owner attempting to claim ownership.
B) In most states,the finder of lost property has against all others except the person who lost the property,but that right only arises if the finder of the property can establish that she spent an amount of at least one-fifth of the fair market value of the property attempting to locate the owner.
C) In most states,the finder of lost property has title against all others,including the person who lost the property.
D) In most states,the finder of lost property has no title against others and must turn over the property to the police department for later sale if the true owner cannot be located.
E) In most states,the finder of lost property has title against all others except the person who lost the property.

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A) Strict liability for the actual automobile,but reasonable care for its contents
B) Strict liability for the automobile and any of its contents,but only if Steve is aware of the presence of the automobiles' contents.
C) Steve has no obligation of care,even if he provides the parking facilities.
D) Standard of reasonable care for the automobiles and contents.
E) Strict liability for the automobile and any of its contents,with no exceptions

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A) A bailee can only be liable for property she knows she possesses.
B) A bailee is only liable for unknown property if that property is valued at over $100,000.
C) Knowledge of possession of property is irrelevant when establishing bailee liability.
D) A bailee can be liable for property,even if he is not aware that he is in possession of it.
E) Only bailees in a commercial setting can be liable for property they do not know they possess.

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A) Consideration
B) Donative Intent
C) Delivery
D) Ownership
E) Acceptance

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A) Megan is entitled to ownership of the ring only if she can prove that she did not realize its true value,and also that there was a difference of at least $1,000 between what she believed the value to be and its true value.
B) Megan is entitled to ownership of the ring only if a jury determines that she was not negligent in failing to recognize its value.
C) Being ignorant of the value of the ring does not entitle Megan to ownership of it.
D) Megan is entitled to ownership of the ring if she can prove that she did not realize its true value.
E) Megan is not entitled to ownership of the ring because she admitted that there was at least some chance one in a billion) that it was a genuine diamond.

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