Question 1

A person becomes the owner of abandoned property by possessing the property.

Accepted Answer

A) True 
 B)False

Question 2

Nina lent her car,which she knew had bad brakes,to Heidi.However,she did not inform the latter about the defect.As Heidi was driving down the highway,she met with an accident due to the faulty brakes.In this case:

Accepted Answer

A)   Nina is not liable to Heidi because she was never asked about the brakes.
B)   Nina is liable to Heidi because she did not inform her of the defect.
C)   Heidi is liable to Nina because she had damaged Nina's car.
D)   Heidi is liable to Nina because she gave no consideration in return for the car.E) B) and C)
F) A) and D)

Question 3

Title to a personal property may be obtained by accession,which is the intermixing of goods that belong to different owners.

Accepted Answer

A) True 
 B)False

Question 4

What level of care must a bailee exercise in a bailment for his own exclusive benefit?

Accepted Answer

A)   Greater than ordinary care
B)   Less than ordinary care
C)   Ordinary care
D)   The same level of care that a prudent person exercises over his/her own propertyE) B) and C)
F) A) and D)

Question 5

Wilma,who thought she had a terminal disease,signed over the title to her new Cadillac to her cousin,Kenny,and told him that she wanted him to have the car "after I'm gone." Kenny took the keys and began to use the car.A week later,Wilma was told that her diagnosis had been an error,and that she was not terminally ill.Wilma wants her car back.Can she recover it from Kenny? Why or why not?

Accepted Answer

Wilma should be able to recover the car ...

Question 6

When personal property is used in conjunction with,real property in such a way as to be treated as part of the real property,it is known as a _____.

Accepted Answer

A)   consideration
B)   gift
C)   fixture
D)   bailmentE) None of the above
F) A) and B)

Question 7

What is a lien?

Accepted Answer

A)   Compensation by a bailee for any damages to the bailed property.
B)   The charges for delivery of any bailed property.
C)   A charge against property to secure the payment of a debt.
D)   A bailment for mutual benefit.E) All of the above
F) A) and D)

Question 8

A gift inter vivos is a gift:

Accepted Answer

A)   made in contemplation of death.
B)   between two living persons.
C)   between a deceased person and a living one.
D)   made in consideration for money.E) B) and C)
F) All of the above

Question 9

You need to drive to Spokane to pick up your parents.Your car is being repaired,and is therefore unavailable.You ask your good friend Ed if he will lend you his car.You take Ed's car and drive to Spokane.This is:

Accepted Answer

A)   a mutual benefit bailment.
B)   a bailment exclusively for the benefit of the bailee.
C)   a bailment exclusively for the benefit of the bailor.
D)   no bailment because no consideration was paid to Ed.E) B) and C)
F) C) and D)

Question 10

Watley took his old bicycle to the municipal dump.Vandelay retrieved it from the dump and repaired it.Newman stole the bicycle from Vandelay's garage,made substantial improvements to it (the bicycle),and then sold it to Banya.Banya did not know that the bicycle had been stolen.Who owns the bicycle? Explain your reasoning.

Accepted Answer

Vandelay owns the bicycle.He acquired ow...

Question 11

Which of the following characterizes a warehouseman?

Accepted Answer

A)   He is a bailor of the stored goods.
B)   He does not have a lien against the bailee of the stored goods.
C)   He need not exercise care for the stored goods,as it is the bailee's responsibility to do so.
D)   He can terminate the contract if the goods are about to deteriorate.E) A) and B)
F) A) and C)

Question 12

A hotelkeeper is liable for loss or damage to property if it can be proved that it was caused by:

Accepted Answer

A)   the bailor's negligence.
B)   an act of a government authority.
C)   the nature of the goods.
D)   the bailee's or hotel's own conduct that caused the damage.E) None of the above
F) A) and B)

Question 13

Bob parked his new Porsche with the restaurant valet.The valet gave Bob a claim receipt.A bailment has been created.

Accepted Answer

A) True 
 B)False

Question 14

If the bailee delivers the bailed property to the third-party claimant and the claimant is not entitled to possession,the bailee is not liable to the bailor.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is true of conditional gifts?

Accepted Answer

A)   They are considered completed gifts.
B)   They come with certain restrictions.
C)   They cannot be revoked.
D)   They need to be delivered.E) A) and C)
F) None of the above

Question 16

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are dependent on value.

Accepted Answer

A) True 
 B)False

Question 17

Davidson borrowed a motorcycle from his friend,Harley.Harley did not know that the motorcycle had a defect that could cause the brakes to malfunction.While Davidson was riding the motorcycle,the brakes malfunctioned.This caused an accident and Davidson was injured.What duty of care,if any,did Harley owe to Davidson under the traditional common law rule?

Accepted Answer

A)   The duty of reasonable care-the same duty a bailor owes to a bailee in a bailment for mutual benefit.
B)   The highest duty of care because this was a bailment for the benefit of the bailor.
C)   A duty to tell Davidson of any known defects in the motorcycle because this was a bailment for the benefit of the bailee.
D)   No duty of care,because this was a gratuitous bailment.E) A) and B)
F) None of the above

Question 18

In a bailment,the bailee is liable for loss or damage to the bailed property while it is in the hands of the bailee:

Accepted Answer

A)   under all circumstances;the bailee is the "insurer" of the goods.
B)   only if the bailee intentionally causes harm or loss to the goods.
C)   unless the bailee has given some consideration.
D)   only if he has a personal interest in the safety of the property.E) A) and B)
F) A) and C)

Question 19

In which of the following cases does a finder have no rights at all to the property?

Accepted Answer

A)   Abandoned property
B)   Lost property
C)   Mislaid property
D)   Inherited propertyE) B) and C)
F) A) and D)

Question 20

A gift causa mortis is a gift made in:

Accepted Answer

A)   case of a birth.
B)   anticipation of birth.
C)   fear of death.
D)   contemplation of death.E) B) and C)
F) A) and B)

Exam 23: Personal Property and Bailments

In which of the following cases does a finder have no rights at all to the property?

Correct Answer
verified

A person becomes the owner of abandoned property by possessing the property.

Correct Answer
verified

Nina lent her car,which she knew had bad brakes,to Heidi.However,she did not inform the latter about the defect.As Heidi was driving down the highway,she met with an accident due to the faulty brakes.In this case:

Correct Answer
verified

Correct Answer
verified

In a bailment,the bailee is liable for loss or damage to the bailed property while it is in the hands of the bailee:

Correct Answer
verified

When personal property is used in conjunction with,real property in such a way as to be treated as part of the real property,it is known as a _____.

Correct Answer
verified

A hotelkeeper is liable for loss or damage to property if it can be proved that it was caused by:

Correct Answer
verified

What is a lien?

Correct Answer
verified

Correct Answer
verified
Vandelay owns the bicycle.He acquired ow...
View Answer

A gift causa mortis is a gift made in:

Correct Answer
verified

If the bailee delivers the bailed property to the third-party claimant and the claimant is not entitled to possession,the bailee is not liable to the bailor.

Correct Answer
verified

Bob parked his new Porsche with the restaurant valet.The valet gave Bob a claim receipt.A bailment has been created.

Correct Answer
verified

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are dependent on value.

Correct Answer
verified

Correct Answer
verified
Wilma should be able to recover the car ...
View Answer

You need to drive to Spokane to pick up your parents.Your car is being repaired,and is therefore unavailable.You ask your good friend Ed if he will lend you his car.You take Ed's car and drive to Spokane.This is:

Correct Answer
verified

What level of care must a bailee exercise in a bailment for his own exclusive benefit?

Correct Answer
verified

A gift inter vivos is a gift:

Correct Answer
verified

Which of the following is true of conditional gifts?

Correct Answer
verified

Title to a personal property may be obtained by accession,which is the intermixing of goods that belong to different owners.

Correct Answer
verified

Which of the following characterizes a warehouseman?

Correct Answer
verified

Exam 23: Personal Property and Bailments

In which of the following cases does a finder have no rights at all to the property?

Correct AnswerverifiedShow Answer

A person becomes the owner of abandoned property by possessing the property.

Correct AnswerverifiedShow Answer

Nina lent her car,which she knew had bad brakes,to Heidi.However,she did not inform the latter about the defect.As Heidi was driving down the highway,she met with an accident due to the faulty brakes.In this case:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In a bailment,the bailee is liable for loss or damage to the bailed property while it is in the hands of the bailee:

Correct AnswerverifiedShow Answer

When personal property is used in conjunction with,real property in such a way as to be treated as part of the real property,it is known as a _____.

Correct AnswerverifiedShow Answer

A hotelkeeper is liable for loss or damage to property if it can be proved that it was caused by:

Correct AnswerverifiedShow Answer

What is a lien?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedVandelay owns the bicycle.He acquired ow...View AnswerShow Answer

A gift causa mortis is a gift made in:

Correct AnswerverifiedShow Answer

If the bailee delivers the bailed property to the third-party claimant and the claimant is not entitled to possession,the bailee is not liable to the bailor.

Correct AnswerverifiedShow Answer

Bob parked his new Porsche with the restaurant valet.The valet gave Bob a claim receipt.A bailment has been created.

Correct AnswerverifiedShow Answer

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are dependent on value.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedWilma should be able to recover the car ...View AnswerShow Answer

You need to drive to Spokane to pick up your parents.Your car is being repaired,and is therefore unavailable.You ask your good friend Ed if he will lend you his car.You take Ed's car and drive to Spokane.This is:

Correct AnswerverifiedShow Answer

What level of care must a bailee exercise in a bailment for his own exclusive benefit?

Correct AnswerverifiedShow Answer

A gift inter vivos is a gift:

Correct AnswerverifiedShow Answer

Which of the following is true of conditional gifts?

Correct AnswerverifiedShow Answer

Title to a personal property may be obtained by accession,which is the intermixing of goods that belong to different owners.

Correct AnswerverifiedShow Answer

Which of the following characterizes a warehouseman?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Vandelay owns the bicycle.He acquired ow...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Wilma should be able to recover the car ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified