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Personal property Law--Gifts and Bailments
 

Personal property Law--Gifts and Bailments

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High school presentation about basic gift law and bailment law

High school presentation about basic gift law and bailment law

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    Personal property Law--Gifts and Bailments Personal property Law--Gifts and Bailments Presentation Transcript

    • Personal Property Law—Chapter 19 1
    • Personal PropertyPersonalproperty isanything youown that is notreal estate(land and/orbuildings) 2
    • Personal Property Law—Chapter 191. Gifts2. Bailments a) Mutual Benefit bailment b) Gratuitous bailment • For the sole benefit of the bailor • For the sole benefit of the bailee 3
    • GiftsA donor gives a gift A donee receives a gift 4http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp
    • 3 requirements of a gift1. Donor intended to make a gift2. Gift delivered to donee3. Donee accepts the gift 5http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp
    • Gifts Once a gift is given, it cannot be taken back by the donor. 6http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp
    • EXCEPTION in California!An engagement ring is not considered a gift. 7
    • EXCEPTION in California!An engagement ring is considered “given inthe contemplation of marriage” 8
    • EXCEPTION in California!If an engagement is broken offby the donee, the donor must receive the engagement ring back. If the engagement is brokenoff by the donor, the donee is allowed to keep the engagement ring. 9
    • EXCEPTION in California!If an engagement is broken off Careful—fraudulentlyby the donee, the donor must accepting an receive the engagement ring engagement ring may allow the donor to back. receive back the ring If the engagement is brokenoff by the donor, the donee is allowed to keep the engagement ring. 10
    • 3 requirements of a gift1. Donor intended to make a gift2. Gift delivered to donee3. Donee accepts the gift 11http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp
    • Aunt Courtney gave baby Melinda a stuffed bear…1. Who is the donor?2. Who is the donee? 12
    • Aunt Courtney gave baby Melinda a stuffed bear…1. Who is the donor? Aunt Courtney2. Who is the donee? Baby Melinda 13
    • Aunt Agnes promises her niece Kate that Kate can have her antique ring when she passes away.1. Who is the donor?2. Who is the donee? 14
    • Aunt Agnes promises her niece Kate that Kate can have her antique ring when she passes away.1. Who is the donor? No donor2. Who is the donee? No donee (No gift was made.) 15
    • 3 requirements of a gift1. Donor intended to make a gift2. Gift delivered to donee3. Donee accepts the gift 16http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp
    • Bailments(Has nothing to do with bail or jail.) 17
    • Bailment: an agreement to take temporary possession of someone else’s personal property, but not ownership. 18
    • Bailment: not a gift… no change of ownership. 19
    • Bailment: not a sale… no change of ownership. 20
    • Bailment is temporary Example: You give your car to a tire shop so they can put new tires on it. The agreement to take temporary possession of your car is a bailment. 21
    • Bailment Bailor BaileeThe person giving the The person receiving theproperty is the bailor property is the bailee 22
    • Bailment You let your teacher Your teacher takesborrow your DVD for his temporary possession of New Year’s Eve party. your DVD. Your teacher You are the bailor is the bailee 23
    • Bailee responsibility Bailee The person receiving the property is the bailee The bailee is responsibleto take reasonable care of the bailor’s property and to return it to the bailor on request. (safekeeping) 24
    • Two types of Bailments:1. Mutual benefit bailment2. Gratuitous Bailment 25
    • Mutual benefit bailment A baileeholds the bailor’s property to get money. 26
    • Bailment for the mutual benefit of the partiesTurn your car over to a repair shop. They get money. You get a fixed car. 27
    • Bailment for the mutual benefit of the partiesTurn your car over to a repair shop. They get money. You get a fixed car. 28
    • Bailment for the mutual benefit of the partiesGive your painting to a professional cleaner. They get money. You get a fixed painting. 29
    • Bailment for the mutual benefit of the partiesGive your painting to a professional cleaner. They get money. You get a fixed painting. 30
    • Bailment for the mutual benefit of the partiesGive your laptop to a repair shop. They get money. You get a fixed laptop. 31
    • Bailment for the mutual benefit of the partiesGive your laptop to a repair shop. They get money. You get a fixed laptop. 32
    • Gratuitous Bailment A bailee holds the bailor’s propertyand expects nothing in return 33
    • Gratuitous Bailment A bailee holds the bailor’s property and expects nothing in returnCould be for the sole benefit of the bailorCould be for the sole benefit of the bailee 34
    • You leave your dog with a friend. You are the bailor. Your friend in the bailee.Your friend, the bailee, will receive no consideration. This is a gratuitous bailment. 35
    • You leave your dog with a friend. You are the bailor. Your friend in the bailee.Your friend, the bailee, will receive no consideration. This is a gratuitous bailment.This is a gratuitous bailment for the sole benefit of the bailor. You are getting something without paying for it. 36
    • You let your girlfriend ride your horse. You are the bailor. Your girlfriend in the bailee.You, the bailor, will receive no consideration. This is a gratuitous bailment. 37
    • You let your girlfriend ride your horse. You are the bailor. Your girlfriend in the bailee. You, the bailor, will receive no consideration. This is a gratuitous bailment.This is a gratuitous bailment for the sole benefit of the bailee. She is getting something without paying for it. 38
    • A bailment is not a gift 39
    • Property left with a bailee generallyshould not be used by the bailee. A bailment is not a loan. 40
    • Bailment does not generally allow use The bailee is generally not entitled to use the bailor’s property 41
    • Bailment does not generally allow use For example, the dry cleaner is not supposed to wear your suit to their sister’s birthday party. 42
    • Bailment does not generally allow use For example, the repair shop owner is not supposed to let his girlfriend drive your car to visit San Francisco for the weekend. 43
    • Renting a self-storage unit is NOT a bailment. Physical property has not left the custody of its owner. 44
    • Renting a self-storage unit is NOT a bailment. Self-storage is a rental agreement, not a bailment. 45
    • You borrow a bookfrom the library … Is this a bailment? 46
    • You borrow a bookfrom the library … Is this a bailment? Yes. You have temporary possession but not ownership. 47
    • You borrow a bookfrom the library. Isthis a… a. Gratuitous bailment b. Mutual bailment 48
    • You borrow a bookfrom the library. Isthis a… a. Gratuitous bailment b. Mutual bailment(Neither party expects consideration.) 49
    • You borrow a bookfrom the library. Isthis gratuitousbailment for the… a. Sole benefit of the bailor b. Sole benefit of the bailee 50
    • You borrow a bookfrom the library. Isthis gratuitousbailment for the… a. Sole benefit of the bailor b. Sole benefit of the bailee 51
    • During a party at yourhouse you let yourfriend borrow your carto pick up some ice atthe store … Is this a bailment? 52
    • During a party at yourhouse you let yourfriend borrow your carto pick up some ice atthe store … Is this a bailment? Yes. Your friend has temporary possession but not ownership. 53
    • During a party at yourhouse you let yourfriend borrow your carto pick up some ice atthe store. Is this a… a. Gratuitous bailment b. Mutual bailment 54
    • During a party at yourhouse you let yourfriend borrow your carto pick up some ice atthe store. Is this a… a. Gratuitous bailment b. Mutual bailment(Neither party expects consideration.) 55
    • Your friend borrowsyour car to pick upsome ice at the store.Is this gratuitousbailment for the… a. Sole benefit of the bailor b. Sole benefit of the bailee 56
    • Your friend borrowsyour car to pick upsome ice at the store.Is this gratuitousbailment for the… a. Sole benefit of the bailor b. Sole benefit of the bailee 57
    • You park your carin a paid parkinglot downtown. Is this a bailment? 58
    • You park your carin a paid parkinglot downtown. Is this a bailment? No. The parking lot does not take possession of your car. This is considered just a “space rental”. 59
    • You give your carkeys to the valetparking attendant atthe Hyatt Hotel andthe attendant parksyour car. Is this a bailment? 60
    • You give your carkeys to the valetparking attendant atthe Hyatt Hotel andthe attendant parksyour car. Is this a bailment? Yes. Giving your keys is the same as giving possession. 61
    • You rent a DVDmovie from aredbox… Is this a bailment? 62
    • You rent a DVDmovie from aredbox… Is this a bailment? Yes. You have temporary possession of the DVD movie but not ownership. 63
    • You rent a DVDmovie from aredbox…this is a a. Gratuitous bailment b. Mutual benefit bailment 64
    • You rent a DVDmovie from aredbox…this is a a. Gratuitous bailment b. Mutual benefit bailment 65
    • You rent a DVDmovie from aredbox…this is a a. Gratuitous bailment b. Mutual benefit bailment Both parties receive consideration. Redbox gets money, you get to watch the movie 66
    • Roommate JunkYour roommatemoved out of theapartment youshared but left alot of their junk.Can you throw itin the dumpster? 67
    • Roommate Junk Your roommate moved out of the apartment you shared but left a lot of their junk. Can you throw it in the dumpster?http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml 68
    • Roommate Junk You are now a gratuitous bailee. You must keep the property safe and take reasonable care of it.http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml 69
    • Roommate Junk Very specific laws require you to safely store and attempt to return your roommate’s junk.http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml 70