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

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A) The motion to dismiss was reversed and the case remanded for a new trial,on the grounds that EPK had a duty to protect J&L's merchandise when the mall was closed for the night.
B) The motion to dismiss was affirmed,because a bailment agreement must be in writing and signed by both parties in order to be upheld.
C) The motion to dismiss was affirmed in part,reversed in part,on the grounds that while an implied bailment was created,the bailment for the benefit of the bailor and not the bailee,and liability was a matter best determined by a jury.
D) The motion to dismiss was affirmed,because the retail space license agreement created a licensee relationship,not a tenancy,and J&L failed to sufficiently allege a constructive bailment.
E) The motion to dismissed was reversed,because EPK's refusal to allow J&L access to the building after closing hours created an implied bailment and shifted liability for J&L's merchandise to EPK.

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A) Roxie and the gym are equally liable because both parties were at fault for failing to secure the phone.
B) The thief who took the cell phone,provided he or she can be found and identified by authorities.
C) The gym,because when Roxie made use of the lockers provided by the gym,an implied bailment was created.
D) Roxie,because she left the phone in an unlocked locker in an unsecured room.
E) The parent company of the gym,because they are the ones who set the policy not to automatically provide locks to all gym patrons.

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A) For movable property,the potential owner must possess the property for no less than 10 years before full ownership can occur.
B) Registration is not required for any movable property.
C) There is a difference between physical possession and a mental intention to possess.
D) For immovable property,the potential owner must possess the property for no less than 20 years before full ownership can occur.
E) Immovable property includes anything attached to the ground,such as trees,buildings,homes,and arenas.

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A) The gift was not automatically revoked on his recovery;therefore,because Devin did not revoke the gift prior to Kendra cashing the ticket,he has no rights to any funds.
B) Devin's gift was automatically revoked when he recovered,and the lottery ticket and any proceeds are validly his.
C) Devin has the right to all funds only because Kendra has a new boyfriend.
D) Devin has no rights because once he gave the tickets to Kendra,he gave up all his rights to them.
E) Although the gift was not automatically revoked on his recovery,Devin has the right to revoke the gift and recover the lottery proceeds.

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A) The right to retain the bailed property until payment is received.
B) The right to alter the property in order to accomplish the reason for which the bailment was created.
C) The right to possess the bailed property during the term of the bailment.
D) The right to receive compensation for the bailment unless the bailment is gratuitous.
E) The right to use the property in a manner consistent with the terms and purpose of the bailment.

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Small business owners are now able to us...

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A) The free-standing appliances in the farmer's kitchen,such as the refrigerator.
B) The intangible elements connected with and owned by the farmer,such as the value of her equipment and the equity in the property.
C) A tractor owned by a farmer and stored in her barn.
D) 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.
E) A barn constructed on the land after the land was initially purchased by the farmer.

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A) If a party who is responsible for the commingling of fungible goods cannot prove what percentage of the fungible goods he or she contributed,the commingled goods will be divided equally among all contributing parties,regardless of the original contributions of each party.
B) If one of the parties responsible for the comingling of fungible goods,and that person cannot prove what percentage of the commingled goods he or she contributed,the holder of the goods at the time gains property rights over the commingled goods.
C) Fungible goods that are intentionally commingled by a third party may only be separated and distributed via a court order.
D) If goods are commingled because of the actions of a third party,the third party has the right to determine how the commingled goods will be distributed to each contributing party.
E) If two people accidentally commingle their fungible goods,or if the goods are commingled because of the actions of a third party,each party in entitled to the percentage of the fungible goods that he or she contributed.

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A) Bailments may be express but not implied.
B) Bailments that are not express may be enforced as implied bailments only if a gratuitous bailment is involved.
C) Bailments may be implied but not express.
D) Bailments that are not express may be enforced as implied bailments only if a mutual benefit bailment is involved.
E) Bailments may be implied or express.

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A) If the ring is valued at $500 or over,then Megan is correct that Taylor could not have validly accepted the ring because a writing transferring title would have been needed to validate acceptance.
B) Megan is correct that Taylor could not have validly accepted the ring because a writing transferring title would have been needed to validate acceptance.
C) Megan is correct that Taylor could not have validly accepted the ring when she did not understand its true value.
D) If the ring is valued at $1,000 or over,then Megan is correct that Taylor could not have validly accepted the ring because a writing transferring title would have been needed to validate acceptance.
E) Megan is incorrect,and Taylor validly accepted the ring as a gift.

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A) No written contract is needed for a gift whereas it is needed for a purchase.
B) No consideration is needed for a gift.
C) No certificate of title is needed for a gift whereas it is needed for a purchase.
D) Once delivered a gift may be taken back by the person who gave the gift whereas that is not true when an item is purchased.
E) Intent to permanently transfer title is irrelevant when gifts are concerned.

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Trey is correct.While acceptance is enou...

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A) A fishing boat
B) A commercial moving van
C) A high-end mountain bike
D) A privately-owned jet plane
E) A personal car

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A) Lexie,because she is the person that created the drawings.
B) Phoebe,because it was her idea and story that inspired the subject of the drawings.
C) ABC Books,because they paid Lexie to create the drawings for the book.
D) Josh,because he recruited Lexis and signed the contract on behalf of ABC Books.
E) Lexie and ABC Books are equal owners of the drawings.

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C

A) 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.
B) 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.
C) Larry has the right to give the wallet to another person as a gift,but may not receive consideration in return for the transfer.
D) 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.
E) Larry has the right to sell the wallet immediately,because he is a merchant of goods of that kind.

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B