ch 35 – Flashcard
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only two persons can hold property as tenants in common
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False
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A person who holds all rights in property owns the property in fee simple
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True
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A joint tenant's sale of his or her interest terminates the joint tenancy
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True
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A deceased joint tenants interest in jointly held property passes to his or her heirs
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False
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The standard of care fro a mutual benefit bailment (taking your car for an oil change) is slight care
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False It is reasonable care
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Gladys Piper made a gift to her caretaker of two diamond rings
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False No delivery
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You give your next door neighbor keys to your care and say "I am afraid i will die during my surgery tomorrow. keep the car if this happens" you die in a car wreck on the way to the hospital. this is a gift causa mortis
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False
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A finder acquires title to lost property good against the whole world including the original owner
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False
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A bailment must be in writing to be valid
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False
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It is presumed that a co-tenancy is a tenancy in common unless there is a clear intention to establish joint tenancy
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True
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Inadvertently, bret leaves his briefcase at clean n dry launders when she stops to pick up her clothes. the briefcase is
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Mislaid property
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mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S Marines corps ned agrees. This is a bailment for
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The sole benefit of the bailor
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TTC agrees to pick up two containers for unlimited sales inc and stores their contents to be delievered later. when ttc unloads one container the other disappears from ttc's loading dock. These facts give rise to
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A presumption of intentional or negligent conversion by TTC
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TTC can aviod liablity
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by proof that TTC did not convert the goods and was not negligent
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Uri borrows Vera's boat to enjoy for a weekend uri negligently runs the boat aground near water's Edge Beach damaging the Hull Liable for the cost of repairing the boat is
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Uri only
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Generally, those who produce personal property have title to it
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True
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If goods are confused due to a wrongful act and the innocent party cannot prove what percentage is his or hers the wrong doer gets title to the whole.
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False, The innocent party gets title to the whole
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To constitute a gift, a voluntary transfer of property must be supported by consideration
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False, The essence of a gift does not incude consideration The elements of a gift are intent delivery and acceptance
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If an accession is performed in good faith the improver keeps the property as improved
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False
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One who finds abandoned property acquires title to it good against the orignal owner
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True they acquire title to it against the original owner and the whole world
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Any delivery of personal property from one person to another creates a bailment
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False
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A bailee is not responsible for the loss of bailed property at the end of the bailment
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False they are responsible
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A bailee has only one duty to surrender the property at the end of the bailment
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False they have 2 basic responsiblities to take proper care and to surrender or dispose
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in some ordinary bailments bailees can limit their liability
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True
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Warehouse companies have the same duty of care as ordinary bailees
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True
