Question 1

In some states, Innkeepers can avoid strict liability for the personal property of their guests by providing a safe in which guests may store their valuables.

Accepted Answer

A) True 
 B)False

Question 2

Fasha was using her computer at the library in a study room. When she was done with her computer, she put it on the floor to clear the desk to work on another project. She leaves without taking the computer with her. This type of property is known as ________.

Accepted Answer

A)   lost property
B)   mislaid property
C)   discarded property
D)   disregarded property
E)   unintended consequence propertyF) A) and D)
G) A) and B)

Question 3

A writing is required for a bailment that will not be completed within 6 months, according to the statute of frauds.

Accepted Answer

A) True 
 B)False

Question 4

At common law, who were held to the same strict-liability standard of care for their guests' property as common carriers?

Accepted Answer

A)   innkeepers
B)   delivery drivers
C)   personal carriers
D)   private carriers
E)   shippersF) B) and E)
G) A) and D)

Question 5

[Stolen Bicycle] Jason borrowed his friend Sabrina's bicycle. She told him that she was happy to let him to use it for free, but that she would appreciate him taking good care of it. Jason said nothing in reply. Jason lived in a high crime neighborhood, but he left the bicycle unlocked on his deck anyway. The next morning, he discovered that the bicycle had been stolen. Jason told Sabrina that he was very sorry about the bicycle. Sabrina told him that she expected him to pay for it. Jason refused on the basis that a thief took the bicycle. Jason told Sabrina that he believes he knows the identity of the thief and that since only Sabrina has the right to sue to recover the property, he has no further responsibility.
-Which of the following statements is true regarding Jason's obligation to Sabrina?

Accepted Answer

A)   He is liable for the theft of the bicycle arising out of his ordinary or gross negligence.
B)   He is liable for the theft of the bicycle arising out of his gross negligence.
C)   He is liable for the theft of the bailed property caused by even the slightest lack of due care on his part.
D)   He is strictly liable for the theft of the bicycle.
E)   He is not liable for the theft of the bicycle because of the doctrine of assumption of the risk.F) A) and B)
G) A) and C)

Question 6

Which of the following statements is NOT true regarding common carriers?

Accepted Answer

A)   Common carriers are licensed to provide transportation services to the public.
B)   Common carriers provide transportation services only to a select group.
C)   Common carriers are subject to regulation by government agencies.
D)   Common carriers may be limited in scope of services they provide by geographic region.
E)   Common carriers may be limited in scope of services they provide by type of goods carried.F) C) and E)
G) A) and B)

Question 7

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price, a bailee is given a[n] ________.

Accepted Answer

A)   Bailee's lien
B)   Bailor's lien
C)   Bill of lading
D)   Lien document
E)   Enforcement lienF) All of the above
G) A) and E)

Question 8

Mirrors and ceiling fans that are attached to the land are known as a(n) :

Accepted Answer

A)   appurtenance
B)   easement
C)   addition
D)   supplemental property
E)   fixturesF) A) and B)
G) C) and D)

Question 9

Melia's grandmother gave Melia a diamond ring that had been passed down in the family for generations. This is an example of a(n)  ________.

Accepted Answer

A)   inter vivos gift
B)   sustainable gift
C)   in rem gift
D)   conditional gifts
E)   causa mortis giftsF) B) and C)
G) B) and D)

Question 10

Which of the following statements is true regarding gifts and the imposition of conditions?

Accepted Answer

A)   Gifts may be conditional.
B)   Gifts may not be conditional.
C)   Gifts may be conditional only if a condition precedent is involved.
D)   Gifts may be conditional only if consideration is present.
E)   Gifts may be conditional only if one of the parties is related by blood or marriage.F) C) and E)
G) B) and D)

Question 11

Which of the following items would best be characterized as a "fixture?"

Accepted Answer

A)   A tractor owned by a farmer and stored in her barn.
B)   A barn constructed on the land after the land was initially purchased by the farmer.
C)   A camper that was originally used for cross-country travel, but which is now permanently attached to a cement foundation on the farmer's land.
D)   The free-standing appliances in the farmer's kitchen, such as the refrigerator.
E)   The intangible elements connected with and owned by the farmer, such as the value of her equipment and the equity in the property.F) C) and D)
G) A) and E)

Question 12

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Accepted Answer

A)   The carrier is liable only if ordinary or gross negligence can be proven.
B)   The carrier is liable only if gross negligence can be proven.
C)   The carrier is liable only if it can be proven that the carrier acted in a reckless manner.
D)   The carrier is generally strictly liable for harm to the bailed property.
E)   Because of the doctrine of assumption of risk, the carrier is not liable for harm to the bailed property.F) D) and E)
G) B) and D)

Question 13

[Shoe Store] Larry owns a store that sells a variety of men's accessories, including shoes, wallets, briefcases, and belts. While shopping in Larry's store, Ed placed his wallet on a shelf so he could look at a particular pair of shoes. When Ed walked away, he forgot to pick up the wallet and left the store without it. Another customer, Susan, noticed the wallet on the shelf a few minutes later. She hadn't seen Ed leave it there, and brought the wallet to Larry at the front counter. Larry thanked her and set the wallet aside, meaning to put it in the back office for safekeeping. However, before he could secure the wallet, Larry was distracted by a phone call. Another customer, Scott, saw the wallet on the counter, took it, and left the store. Once outside, Larry opened the wallet and looked through it. When Larry realized that the wallet contained nothing but two dollars and an expired library card, he tossed the wallet on the ground in disgust and walked away. Five minutes later, Olivia, a passerby, noticed the wallet on the ground. She decided to keep it for herself, so she picked up the wallet and took it home.
-As the owner of the realty on which Ed left his wallet, what are Larry's property rights as they relate to Ed's wallet?

Accepted Answer

A)   Larry has the right to give the wallet to another person as a gift, but may not receive consideration in return for the transfer.
B)   Larry has no rights to the wallet and is obligated to either find Ed and return it or turn the wallet over to the proper authorities.
C)   Larry has the right to keep the wallet for his own personal use, as he is the owner of the realty on which Ed left the wallet.
D)   Larry has the right to sell the wallet immediately, because he is a merchant of goods of that kind.
E)   Larry has the right to hold Ed's wallet until Ed returns to the store to claim it, but may not sell it or otherwise transfer it to another person.F) A) and B)
G) B) and C)

Question 14

Which of the following statements does not describe a duty of a bailee?

Accepted Answer

A)   The bailee must maintain the property at his or her own expense.
B)   The bailee must take reasonable care of the bailed property.
C)   The bailee must use the bailed property only as stipulated in the bailment agreement.
D)   The bailee must not alter the bailed property in any unauthorized manner.
E)   The bailee must return the bailed property in good condition at the end of the bailment.F) A) and B)
G) B) and E)

Question 15

Under Italian law, instances of usucapione are characterized by ________

Accepted Answer

A)   a physical possession and a mental intention to possess property.
B)   owners of property must possess the property for no less than 20 years before full ownership can occur.
C)   owners must possess the property for no less than 10 years before full ownership can occur.
D)   immovable property including anything attached to the ground, such as trees, buildings, homes, and arenas.
E)   persons having legal possession equivalent to that of the owner but only for a certain length of time.F) C) and D)
G) B) and E)

Question 16

Colleen has decided that she no longer wants her sofa and puts it on the curb. Velma can pick up the couch and keep it because it is considered ________ property.

Accepted Answer

A)   misplaced
B)   disregarded
C)   discarded
D)   abandoned
E)   disposedF) C) and D)
G) B) and D)

Question 17

[Stolen Cell Phone] Roxie takes her brand new cell phone to the gym after work. She places it in a locker in the woman's locker room, which is not secured. There are signs conspicuously posted on both the door to the locker room and the wall above the lockers which say "Rent a lock at the front desk for $1.00. This gym is not responsible for items stolen from unlocked lockers." Roxie reads the sign, but not wanting to delay her workout, she decides to hide the phone under her clothes in the locker. She closes the locker, but leaves it unlocked as leaves the locker room to work out. An hour later she completes her workout and returns to the locker, only to find that her new phone has been stolen from the unlocked locker. She sues the gym for the value of the phone.
-Assuming that the gym is not liable, what would be the reason why?

Accepted Answer

A)   Because the gym is a public facility in which there is a lessened expectation of liability than in private or exclusive facilities.
B)   Because the phone was stolen by a third party, and the act was therefore out of the gym's ability to control.
C)   Because an express bailment must be in writing and signed by both parties, and no such agreement was in place in this scenario.
D)   Because the gym limited their liability by posting conspicuous signs describing the limits of their liability.
E)   Because an implied bailment requires knowledge of the existence of the bailed property by both parties, and Roxie hid the phone in her clothes.F) None of the above
G) A) and B)

Question 18

A promise to make a gift is generally enforceable.

Accepted Answer

A) True 
 B)False

Question 19

If a bailment is intended to benefit only the bailor, the bailee is liable to the bailor for any damage to the property, even in cases of accidental or unintentional damage.

Accepted Answer

A) True 
 B)False

Question 20

A good for which one unit of the good is essentially the same as every other unit of the good is known as a(n)  ________

Accepted Answer

A)   infungible good
B)   fungible good
C)   identifiable good
D)   minimalist good
E)   allocated goodF) B) and D)
G) D) and E)

Exam 48: The Nature of Property, Personal Property, and Bailments

Which of the following statements does not describe a duty of a bailee?

Correct Answer
verified

Fasha was using her computer at the library in a study room. When she was done with her computer, she put it on the floor to clear the desk to work on another project. She leaves without taking the computer with her. This type of property is known as ________.

Correct Answer
verified

Which of the following items would best be characterized as a "fixture?"

Correct Answer
verified

A writing is required for a bailment that will not be completed within 6 months, according to the statute of frauds.

Correct Answer
verified

Which of the following statements is NOT true regarding common carriers?

Correct Answer
verified

In some states, Innkeepers can avoid strict liability for the personal property of their guests by providing a safe in which guests may store their valuables.

Correct Answer
verified

A good for which one unit of the good is essentially the same as every other unit of the good is known as a(n) ________

Correct Answer
verified

At common law, who were held to the same strict-liability standard of care for their guests' property as common carriers?

Correct Answer
verified

Under Italian law, instances of usucapione are characterized by ________

Correct Answer
verified

Correct Answer
verified

A promise to make a gift is generally enforceable.

Correct Answer
verified

Melia's grandmother gave Melia a diamond ring that had been passed down in the family for generations. This is an example of a(n) ________.

Correct Answer
verified

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price, a bailee is given a[n] ________.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

If a bailment is intended to benefit only the bailor, the bailee is liable to the bailor for any damage to the property, even in cases of accidental or unintentional damage.

Correct Answer
verified

Which of the following statements is true regarding gifts and the imposition of conditions?

Correct Answer
verified

Colleen has decided that she no longer wants her sofa and puts it on the curb. Velma can pick up the couch and keep it because it is considered ________ property.

Correct Answer
verified

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct Answer
verified

Mirrors and ceiling fans that are attached to the land are known as a(n) :

Correct Answer
verified

Exam 48: The Nature of Property, Personal Property, and Bailments

Which of the following statements does not describe a duty of a bailee?

Correct AnswerverifiedShow Answer

Fasha was using her computer at the library in a study room. When she was done with her computer, she put it on the floor to clear the desk to work on another project. She leaves without taking the computer with her. This type of property is known as ________.

Correct AnswerverifiedShow Answer

Which of the following items would best be characterized as a "fixture?"

Correct AnswerverifiedShow Answer

A writing is required for a bailment that will not be completed within 6 months, according to the statute of frauds.

Correct AnswerverifiedShow Answer

Which of the following statements is NOT true regarding common carriers?

Correct AnswerverifiedShow Answer

In some states, Innkeepers can avoid strict liability for the personal property of their guests by providing a safe in which guests may store their valuables.

Correct AnswerverifiedShow Answer

A good for which one unit of the good is essentially the same as every other unit of the good is known as a(n) ________

Correct AnswerverifiedShow Answer

At common law, who were held to the same strict-liability standard of care for their guests' property as common carriers?

Correct AnswerverifiedShow Answer

Under Italian law, instances of usucapione are characterized by ________

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A promise to make a gift is generally enforceable.

Correct AnswerverifiedShow Answer

Melia's grandmother gave Melia a diamond ring that had been passed down in the family for generations. This is an example of a(n) ________.

Correct AnswerverifiedShow Answer

In order to enforce a right to sell property that is subject to a bailment when the bailor does not pay an agreed upon price, a bailee is given a[n] ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If a bailment is intended to benefit only the bailor, the bailee is liable to the bailor for any damage to the property, even in cases of accidental or unintentional damage.

Correct AnswerverifiedShow Answer

Which of the following statements is true regarding gifts and the imposition of conditions?

Correct AnswerverifiedShow Answer

Colleen has decided that she no longer wants her sofa and puts it on the curb. Velma can pick up the couch and keep it because it is considered ________ property.

Correct AnswerverifiedShow Answer

Which of the following statements describes the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct AnswerverifiedShow Answer

Mirrors and ceiling fans that are attached to the land are known as a(n) :

Correct AnswerverifiedShow Answer

Correct Answer
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