Personal Property Flashcards
A bailment is…
… the delivery of possession of goods to a person for a limited time
What must be established to show the existence of a bailment?
Bailee must:
(i) physically possess the property with the intent to exercise control over it; (ii) consent to the bailment; and (iii) be aware that the bailed goods exist.
Explain the degrees of care for the different kind of bailments.
If the bailment is solely for the benefit of the bailor, then the bailee owes a duty of slight diligence, and will only be liable for his gross negligence.
When the bailor and bailee both benefit from the bailment, then the bailee owes a duty of ordinary care.
Finally, when the bailment is solely for the benefit of the bailee, then the bailee owes a duty of great diligence, and the bailee will be liable for only slight negligence.
Bailees who violate the conditions of the bailment are strictly liable for any damages that arise as a result of their violations of the terms of a bailment.
A bailee is generally not an insurer of the bailed goods, so that if the bailee acts within the conditions of the bailment, […].
the bailee is not responsible for damage that occurs wholly without the fault of the bailee.
Professional bailees—those who act as a bailee as a business—cannot waive their duty altogether, and must limit their liability […].
expressly.
A professional bailee may only limit his liability when the bailor** knows or should know of the limitation** and expressly consents to it.
Any limitation of liability placed on a claim check is not valid unless it can be proven that the bailor knew or should have known of the limitation.
Personal property is abandoned when…
…the owner has the full intention to leave the property and give up title and possession to it.
An owner who abandons his property…
…loses title to that property.
Misplaced property is property that reasonably seems to have been…
…intentionally placed in a particular location, but then appears to have been forgotten.
The finder of lost property is entitled to keep it, unless…
…the finder was trespassing or the true owner is identified.
When items are found in a highly private location where the public is not invited, then the owner of that location will retain possessory rights over the find.
The finder of misplaced property [does/does not] obtain possession of the property, and the finder’s right to the misplaced property falls after that of the […] and the […].
[does not]
[true owner]
[owner of the property on which the misplaced item was found]
A person wrongfully deprived of personal property may file an action for […], […], or […].
[detinue], [trespass], or [trover].
Detinue is an action taken to recover…
…the actual property or chattel.
In order to succeed in a claim for detinue, the plaintiff must establish:
(i) the plaintiff has a property right recognized by the law in the property,
(ii) the plaintiff has a right to immediate possession,
(iii) the property is capable of identification,
(iv) the property has some** value**, AND
(v) the defendant, now has, or earlier had, possession some time prior to institution of suit.
Conversion is…
…an **unauthorized act **over the property of another of such nature that is inconsistent with the right of the owner.
Using property in a way that is not described in the bailment constitutes […].
conversion
Bailees are absolutely liable if…
…they use the goods outside the scope of the bailment, move the property from an agreed place of storage, or fail to redeliver the goods in the condition in which they were bailed after expressly or impliedly agreeing to insure the goods and failing to do so.
This also includes non-delivery and misdelivery: if the bailee delivers to the wrong party, the bailee is strictly liable for conversion.
Under a conversion action, the plaintiff may recover damages in the amount of…
… the full value of the converted property at the time of the conversion.
Treasure troves include property that…
…is concealed and is anticipated to be recovered at a later time.
Treasure troves are considered lost property.
When lost items are found in a highly private location where the public is not invited, then […] will retain possessory rights over the found property.
the owner of that location
A bona fide purchaser of converted property who lacks notice of the conversion can acquire good title if:
(i) the property is money or a negotiable instrument;
(ii) the converter acquired title by fraud in the inducement; OR
(iii) the true owner entrusted goods to a seller of goods of that kind and the purchaser is a buyer in the ordinary course of the seller’s business.
Tortious conversion generally cannot…
…deny a true owner title to his property.
Unowned property is “captured” and becomes a possession…
…when an individual manifests the intent to own by exercising actual or constructive dominion and control.
Accession is the process of…
…adding value to property by the expenditure of labor or adding new materials
The accession of materials to an owner’s goods, whether in the course of repairs or otherwise, transfers ownership of the materials accessed to…
…the owner of the original goods on which the work was done.
A willful trespasser cannot acquire title to the goods nor bring an action for compensation against the owner through accession, but the owner can seek damages for conversion or detinue.
