Chapter 3 - Owning Personal Property

Question 1

Chattels?

Answer 1

Tangible personal property

Question 2

4 ways to acquire rights to chattels?

Answer 2

Capture, find, adverse possession, gift

Question 3

Rule of capture

Answer 3

1) acts sufficient to manifest an unequivocal intention of appropriating the animal to his individual use 2) deprived him of natural liberty 3) brought him within certain control.

Note: certain control does NOT mean absolute control

Question 4

Rule of capture primarily applies to:

Answer 4

Wild animals on unowned land (ferae naturae) as opposed to domestic animals (animus revertendi)

Question 5

Pre-possessory interest

Answer 5

Something more than “intending to have” but less than “having” (popov v hiyashi)

Question 6

Four categories of found chattel?

Answer 6

Lost, mislaid, abandoned, treasure trove

Question 7

Lost property

Answer 7

Owner unintentionally and involuntarily parts with it.

Has right to property greater than everyone except for the true owner.

However if he finds something in the service of another, he finds it not for himself but for the other.

Question 8

Owner attached / unattached

Answer 8

Owner of land owns everything under or attached to land, but does not necessarily possess things which are lying unattached on the surface.

Question 9

Bailee

Answer 9

Rightful possession of goods by one who is not the owner.

Question 10

Law of bailments:

Answer 10

Tinder 1) keep chattel safe, and 2) return it to the prior possessor on demand.

Question 11

Three types of bailment

Answer 11

Voluntary:
1) mutual benefit (duty to take reasonable care)
2) primary benefit of bailee (extraordinary care required)
3) primary benefit of bailor (only liable if property damaged through gross negligence or bad faith)

Question 12

Mislaid property

Answer 12

Owner voluntarily and knowingly places somewhere but unintentionally forgets it.

Owner of locus in quo has right to it (idea that owner will go back to locus in quo)

Property belongs to owner or premises where property is found.

Question 13

Character of finders:

Answer 13

Invitee, trespasser, employee, resident owner

Question 14

Place of find

Answer 14

Home, business, public place

Question 15

Treasure trove

Answer 15

CL: crown owned all treasure trove

ML: (majority) items embedded in soil are property of landowners.
(Minority) treasure trove to finder

Question 16

AP of chattels:

Answer 16

Same elements: actual, exclusive, notorious, open/hostile, continuous

Question 17

Concealment

Answer 17

May be kept in location that provides little if any notice to true owner.
Major barrier to recovery of stolen chattels

Question 18

SOL for personal property AP

Answer 18

2-6 years
Majority: tacking allowed so long as privity
Minority: refuse tacking

Question 19

Discovery rule for SOL

Answer 19

Limitations period begins to run only when the owner discovers (or by reasonable care should discover) where chattel is.

Question 20

Good faith purchaser

Answer 20

(Bonafide)
One who gives valuable consideration for item without knowledge of adverse claims.
Law provides added protection.

Question 21

Gift

Answer 21

Immediate transfer or property rights from donor to donee without any payment or consideration.

Question 22

Intervivos gift

Answer 22

Made during donor’s lifetime (ex gift at birthday party)

Question 23

3 elements of intervivos gift:

Answer 23

1) donative intent (donor intends to make immediate transfer)
2) delivery (property must be delivered to donee so that the donor parts with dominion and control)
3) acceptance (donee must accept the property, although acceptance of valuable item usually presumed)

Question 24

Revoking gifts?

Answer 24

Generally cannot be revoked.
Exception: wedding rings.
Subject to implied condition that marriage occur.
Majority: no fault approach
Minority: consider who was at fault.

Question 25

Testamentsry gift

Answer 25

Effective only after donor dies
Usually made by a will.

Question 26

Statute of wills:

Answer 26

Requires writing signed by donor and witnessed by 2 or more people.
Prior to this it was primogeniture (first born son automatically inherits everything)
Promise to make a gift in the future is unenforceable without some form of consideration.

Question 27

Life estate

Answer 27

Title to property for a period equal to length of one particular life. At death, Life estate ends and holder of future interest takes possession.

Question 28

Present interest

Answer 28

An immediate right to Possession

Question 29

Future interest

Answer 29

Possession at a future estate

Question 30

Delivery

Answer 30

3 types of delivery
Manual
Constructive
Symbolic

Question 31

Constructive delivery

Answer 31

Donor physically transfers to donee an object that provides access to the gifted item. (Allowed it manual impossible/impractical)

Question 32

Manual delivery

Answer 32

Donor physically transfers posession

Question 33

Symbolic delivery

Answer 33

Donor physically transfers to the donee an object that represents or symbolizes the gifted items

Question 34

Gift Causa Mortis

Answer 34

Gift of personal property made by a living person in contemplation of death.
Generally revocable at any time before death.

Question 35

Four elements of gift causa mortis

Answer 35

1) donative intent 2) delivery 3) acceptance 4) donor’s anticipation of imminent death