Subject: Law    / General Law
Question

CHAPTER 47

REVIEW QUESTIONS

1. APRIL OWNS SIX 1967 FORD MUSTANGS IN FEE SIMPLE. APRIL CAN

A.

USE THE CARS AS SHE CHOOSES, BUT NOT DISPOSE OF THEM OR TRANSFER THEM.

B.

USE OR DISPOSE OF THE CARS, BUT NOT TRANSFER THEM.

C.

USE OR TRANSFER THE CARS, BUT NOT OTHERWISE DISPOSE OF THEM.

D.

USE, TRANSFER, OR DISPOSE OF THE CARS, AS SHE CHOOSES.

2. JOY AND KENT EACH OWN ONE-HALF OF LOCAL MOTION, A DELIVERY SERVICE, AS A TENANT IN COMMON. KENT SELLS HIS INTEREST TO MARIA, WHO NOW OWNS

A.

NO INTEREST IN THE FIRM.

B.

THE FIRM IN FEE SIMPLE.

C.

THE FIRM WITH JOY AS JOINT TENANTS.

D.

THE FIRM WITH JOY AS TENANTS IN COMMON.

3. ADAM AND BETH TAKE TITLE TO A SPORT UTILITY VEHICLE (SUV) IN SUCH A WAY THAT IF ONE DIES, THE OTHER WILL BE THE SOLE OWNER. ADAM AND BETH OWN THE SUV AS

A.

CO-OWNERS IN FEE SIMPLE.

B.

JOINT TENANTS.

C.

TENANTS BY THE ENTIRETY.

D.

TENANTS IN COMMON.

4. PATTY’S PARENTS GIVE HER A CAR AS A GRADUATION PRESENT. WHILE PATTY SPENDS THE SUMMER IN EUROPE, HER FRIEND RITA AGREES TO KEEP THE CAR IN HER GARAGE. ON PATTY’S PART, THIS IS ACQUISITION OF PROPERTY BY

A.

BAILMENT.

B.

CAPTURE.

C.

FIND.

D.

GIFT.

5. IRA IS DECLARED MENTALLY INCOMPETENT. JAY, IRA’S SON, IS NAMED HIS GUARDIAN. AT JAY’S INSISTENCE, IRA TRANSFERS HIS ASSETS TO JAY “FOR SAFEKEEPING.” A COURT MIGHT CONCLUDE THAT THIS GIFT IS NOT EFFECTIVE ON THE GROUND THAT THERE WAS NO

A.

ACCEPTANCE.

B.

DELIVERY.

C.

DONATIVE INTENT.

D.

DONOR’S ACKNOWLEDGMENT.

6. ED BORROWS A LADDER FROM A NEIGHBOR, FLOYD, WHO IS NOT AWARE THAT ONE OF THE RUNGS IS LOOSE. ED FALLS FROM THE LADDER BECAUSE OF THE LOOSE RUNG AND IS INJURED. LIABILITY FOR THE INJURY MOST LIKELY RESTS WITH

A.

ED AND FLOYD.

B.

ED ONLY.

C.

FLOYD ONLY.

D.

NEITHER ED NOR FLOYD.

7. OPAL TAKES A PINBALL MACHINE TO QUALITY GAMES, INC., FOR REPAIR. LACKING CERTAIN PARTS, QUALITY SHIPS THE GAME TO REGAL COMPANY. WHILE IN REGAL’S POSSESSION, THE GAME IS DAMAGED. QUALITY CAN RECOVER FOR THE DAMAGE FROM

A.

NO ONE.

B.

OPAL.

C.

REGAL.

D.

THE GAME’S ORIGINAL MAKER.

8. FACT PATTERN 47-1

AAA TRANSPORT COMPANY AGREES TO PICK UP TWO CONTAINERS FOR BUSINESS OPERATIONS, INC., AND STORE THEIR CONTENTS, TO BE DELIVERED LATER. WHILE AAA UNLOADS ONE CONTAINER, THE OTHER DISAPPEARS FROM AAA’S LOADING DOCK.

REFER TO FACT PATTERN 47-1. ACCORDING TO THE RULING OF THE COURT IN CASE 47.4, LEMBAGA ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., THESE FACTS GIVE RISE TO

A.

A PRESUMPTION OF INTENTIONAL OR NEGLIGENT CONVERSION BY AAA.

B.

A PRESUMPTION OF THEFT BY A THIRD PARTY.

C.

A PRESUMPTION OF THEFT BY AAA.

D.

BUSINESS OPERATIONS’ LIABILITY FOR THE CONTAINER’S LOSS.

9. REFER TO FACT PATTERN 47-1. UNDER THE PRINCIPLES SET OUT BY THE COURT IN CASE 47.4, LEMBAGA ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., AAA CAN AVOID LIABILITY

A.

BY PROOF THAT AAA DID NOT CONVERT THE GOODS AND WAS NOT NEGLIGENT.

B.

BY PROOF THAT AAA’S WAREHOUSE IS LOCATED IN A HIGH-CRIME AREA.

C.

BY PROOF THAT BUSINESS OPERATIONS WAS NEGLIGENT IN HIRING AAA.

D.

UNDER ANY CIRCUMSTANCES.

10. IN CASE 47.4, LEMBAGA ENTERPRISES, INC. V. CACE TRUCKING & WAREHOUSE, INC., THE COURT EXPLAINED THAT A BAILEE CAN BE HELD LIABLE FOR THE CONVERSION OF THE BAILOR’S PROPERTY

A.

ONLY IF THE BAILOR CAN PROVE THAT THE BAILEE WAS NEGLIGENT.

B.

ONLY IF THE BAILOR CAN PROVE THAT THE BAILEE INTENTIONALLY STOLE THE PROPERTY.

C.

IF THE BAILOR CAN PROVE THAT THE PROPERTY WAS WITHIN THE BAILEE’S POSSESSION WHEN IT DISAPPEARED.

D.

NONE OF THE ABOVE.

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