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Chapter 17 Personal Property and Bailment
27

Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Jan 18, 2016

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Gilbert Pierce
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Page 1: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Chapter 17

Personal Property and Bailment

Page 2: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Personal Property

• Real Property: Land and anything permanently attached to it.

• Personal Property: Anything that can be owned other than real property.

• Tangible: Property that has substance and can be touched.

• Intangible: Property that has no substance and cannot be touched.

Page 3: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Gifts of Personal Property

Three Requirements:

– Donor (one making the gift) must intend to make the gift

– The gift must be delivered

– Donee (one receiving the gift) must accept the gift

Page 4: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Lost Property

• Finder of property has the legal duty to return the property to the owner

• (Local laws may vary)

Page 5: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Rewards and Reimbursement

• Finders of lost property are entitled to any reward offered if they knew about it when returning property.

• No reward??? They are entitled to be reimbursed for any expenses incurred.

Page 6: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Misplaced Property

• If property is found “left behind” in a public or semi-public place, it is considered misplaced not lost

• Example: purse left in dressing room

Page 7: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Abandoned Property

• Property that has been discarded by the owner without intent to reclaim ownership.

• You have the right to keep abandoned property (may be some exceptions).

Page 8: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Stolen Personal Property

• A thief has no title to stolen goods

• An innocent purchaser of stolen goods is obliged to return it to the owner

Page 9: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Intellectual Property

• Original work fixed in a tangible medium of expression

Page 10: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Patents • An exclusive right granted

by the federal government to make, use, or sell an invention

• Not only on products, but may consist of a process or an article of manufacture

• U.S. Patent and Trademark Office = 17 years

Page 11: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Copyrights

• The right granted to an author, composer, photographer, or artist to exclusively publish and sell work.

• Protected for life of author plus 70 years

• In 1989, the use of the copyright notice was made optional

Page 12: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Fair Use Doctrine:

Copyrighted material may be reproduced without permission in certain cases...education.

Downloading and uploading music on the Internet for others’ use is a violation of copyright law

Page 13: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.
Page 14: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Trademarks

• A distinctive mark, symbol or slogan used by a business to identify goods and distinguish them from other products.

• Once established, others cannot use it. • Example: Words, names, symbols

• A registered trademark continues for 10 years and may be renewed in 10 year increments.

Page 15: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Mutuum

• When you loan goods to someone with the understanding that they will be used and later replaced with different identical goods.

i.e.: borrowing a cup of sugar

Page 16: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Bailments of Personal Property

• Bailment: The transfer of possession and control of personal property to another with the intent that the same property will be returned later.

• Bailee: To whom the property is transferred • Bailor: The person who transfers the property

See examples 4 and 5 on p. 368.

Page 17: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Main Types of Bailments

• Bailments for Sole Benefit of Bailor

• Bailments for Sole Benefit of Bailee

• Mutual-Benefit Bailments

• Most are based on contracts; if a bailment contains consideration, then there is a valid contract.

Page 18: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Gratuitous Bailments

• Transfer of property without either party giving or asking for payment

• Usually considered favors

Page 19: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Bailments for Sole Benefit of Bailor

• The bailee owes a duty to use only slight care, as the bailee is receiving no benefit from the arrangement

• Only refrain from “Gross Negligence”

Page 20: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Bailments for Sole Benefit of Bailee

• The bailee is required to use great care because possession of the goods is intended solely for the bailee’s benefit

• Responsible for “Slight Negligence”

Page 21: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Mutual-Benefit Bailments

• One in which both parties receive some benefit

• The bailee owes a duty to use reasonable care.

• Responsible for “Ordinary Negligence”

Page 22: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Tortious Bailee:

• One who wrongfully retains possession of lost property of another or is knowingly in possession of stolen property.

• Burden of Proof is on the bailee.

Page 23: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Special Bailments

• Hotel Keeper

– Duty to Accept All Guests (Civil Rights Act 1964)

– Duty of Reasonable Care (See bullets top p. 376)

– Lien and Credit Card Blocking

Page 24: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Special Bailments• Common Carriers

– Carrier: a business that transports persons, goods, or both

– Common Carrier: Provides transportation to the general public

• Common Carriers of Goods Not Liable…– Acts of God– Acts of a public enemy– Acts of public authorities– Acts of the shipper– The inherent nature of the goods (perishable)

Page 25: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Special Bailments

• Common Carriers of Passengers– A carrier must use reasonable care in protecting

passengers.

– Not responsible if injuries are not foreseeable or preventable

Page 26: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Special Bailments

• Bumped Airline Passengers– When overbooked, airlines must ask for

volunteers to give up their seats

– Passengers “bumped” may be entitled to compensation plus the money back for the ticket

– If the airline can arrange alternative travel within 1 hour…no compensation

Page 27: Chapter 17 Personal Property and Bailment. Personal Property Real Property: Land and anything permanently attached to it. Personal Property: Anything.

Special Bailments

• Passengers Baggage– Carriers are obligated to accept a reasonable

amount of passengers baggage

– A carrier is an insurer of all luggage that is checked

– Federal rules place limits…• U.S. travel maximum $2,500 per passenger