After studying this chapter you will be able to understand: What are the classifications of property? How is personal property transferred? What are the rights and responsibilities of parties to a bailment?
Trang 1The Nature of Property, Personal
Property, and Bailments
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Trang 2 Real Property: Land and anything permanently
attached to it (fixtures)
Personal Property: Property not attached to land, or
movable property
Trang 3Transfer of Personal Property
Voluntary Transfer:
Sale and Purchase: Acquiring party gives consideration (value) to seller
in exchange for title to property
Gift: No consideration given to transferor (donor) by transferee (donee)
Involuntary Transfer:
Abandoned Property: Property that original owner has discarded
Lost Property: Property that true owner has unknowingly/accidentally
dropped/left somewhere
Mislaid Property: Property owner has intentionally placed property
somewhere, but has forgotten its location
Trang 4 Delivery of property (from donor to donee)
“Actual” delivery: Physical presentation of gift
“Constructive” delivery: Delivery of item that gives access to
gift/represents it (Example: Car keys)
Donative intent (of donor to make an immediate gift)
Acceptance of property (by donee)
Trang 5“Inter Vivos” Gift Versus Gift “Causa
Mortis”
during his/her lifetime
“imminent and impending” (immediate) death
delivery, donative intent and acceptance must occur before donor’s death
Trang 6Special relationship in which one party (bailor)
transfers possession of personalty to another party
(bailee), to be used by bailee in an agreedupon
manner and for an agreeupon time period
Trang 7agreement
Trang 8 Bailor must provide bailee with any agreed
upon compensation for bailment
Bailor must reimburse bailee for any necessary costs incurred by bailee during bailment
Trang 9Documents of Title
Bill of Lading: Document issued by party engaged in business of transporting goods that verifies receipt of
goods for shipment
Warehouse Receipt: Receipt issued by party who is
engaged in business of storing goods for
compensation
Trang 10 Common Carriers (licensed to provide transportation
services to public)
Innkeepers (regularly in business of making lodging
available to public)