Chapter 48
The Nature of
Property, Personal
Property, and
Bailments
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Categories of Property
Real Property: Land and anything permanently
attached to it (fixtures)
Personal Property: Property not attached to land, or
movable property
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Transfer 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
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Elements Necessary For A Valid Gift
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)
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“Inter Vivos” Gift Versus Gift “Causa
Mortis”
“Inter Vivos” Gift: “Between the living”; gift made by donor
during his/her lifetime
Gift “Causa Mortis”: Gift made in contemplation of donor’s
“imminent and impending” (immediate) death
For gift “causa mortis” to be effective, elements of
delivery, donative intent and acceptance must occur before
donor’s death
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Bailment (Definition):
Special 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
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Bailor Has Right To Expect Bailee To:
Take reasonable care of bailed property
Use bailed property only as stipulated in the bailment
agreement
Not alter the bailed property in any unauthorized manner; and
Return bailed property in good condition at end of bailment
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Duties of Bailor
Bailor must provide bailee with any agreed
upon compensation for bailment
Bailor must reimburse bailee for any necessary
costs incurred by bailee during bailment
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Documents 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
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Special Bailments
Common Carriers (licensed to provide transportation
services to public)
Innkeepers (regularly in business of making lodging
available to public)
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