High school presentation about basic gift law and bailment law

1. Personal Property Law—Chapter 19
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2. Personal Property
Personal
property is
anything you
own that is not
real estate
(land and/or
buildings)
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3. Personal Property Law—Chapter 19
1. Gifts
2. Bailments
a) Mutual Benefit bailment
b) Gratuitous bailment
• For the sole benefit of the bailor
• For the sole benefit of the bailee
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4. Gifts
A donor gives a gift A donee receives a gift
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http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp

5. 3 requirements of a gift
1. Donor intended to
make a gift
2. Gift delivered to donee
3. Donee accepts the gift
5
http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp

6. Gifts
Once a gift is given, it
cannot be taken back by
the donor.
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http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp

7. EXCEPTION in California!
An engagement ring is
not
considered a gift.
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8. EXCEPTION in California!
An engagement ring is
considered “given in
the contemplation of
marriage”
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9. EXCEPTION in California!
If an engagement is broken off
by the donee, the donor must
receive the engagement ring
back.
If the engagement is broken
off by the donor, the donee is
allowed to keep the
engagement ring.
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10. EXCEPTION in California!
If an engagement is broken off Careful—fraudulently
by 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 broken
off by the donor, the donee is
allowed to keep the
engagement ring.
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11. 3 requirements of a gift
1. Donor intended to
make a gift
2. Gift delivered to donee
3. Donee accepts the gift
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http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp

12. Aunt Courtney gave baby Melinda a
stuffed bear…
1. Who is the donor?
2. Who is the donee?
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13. Aunt Courtney gave baby Melinda a
stuffed bear…
1. Who is the donor?
Aunt Courtney
2. Who is the donee?
Baby Melinda
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14. 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?
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15. Aunt Agnes promises her niece Kate that
Kate can have her antique ring when she
passes away.
1. Who is the donor?
No donor
2. Who is the donee?
No donee
(No gift was made.)
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16. 3 requirements of a gift
1. Donor intended to
make a gift
2. Gift delivered to donee
3. Donee accepts the gift
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http://aging.ohio.gov/news/boomerang/2009November/mycommunity.asp

17. Bailments
(Has nothing to do with bail or jail.)
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18. Bailment: an agreement to take temporary
possession of someone else’s personal
property, but not ownership.
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19. Bailment: not a gift…
no change of ownership.
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20. Bailment: not a sale…
no change of ownership.
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21. 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.
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22. Bailment
Bailor Bailee
The person giving the The person receiving the
property is the bailor property is the bailee
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23. Bailment
You let your teacher Your teacher takes
borrow your DVD for his temporary possession of
New Year’s Eve party. your DVD. Your teacher
You are the bailor is the bailee
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24. Bailee responsibility
Bailee
The person receiving the
property is the bailee
The bailee is responsible
to take reasonable care of
the bailor’s property and
to return it to the bailor
on request.
(safekeeping)
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25. Two types of Bailments:
1. Mutual benefit bailment
2. Gratuitous Bailment
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26. Mutual benefit bailment
A bailee
holds the bailor’s property
to get money.
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27. Bailment for the
mutual benefit of the parties
Turn your car over to a repair shop.
They get money.
You get a fixed car.
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28. Bailment for the
mutual benefit of the parties
Turn your car over to a repair shop.
They get money.
You get a fixed car.
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29. Bailment for the
mutual benefit of the parties
Give your painting to a professional cleaner.
They get money.
You get a fixed painting.
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30. Bailment for the
mutual benefit of the parties
Give your painting to a professional cleaner.
They get money.
You get a fixed painting.
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31. Bailment for the
mutual benefit of the parties
Give your laptop to a repair shop.
They get money.
You get a fixed laptop.
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32. Bailment for the
mutual benefit of the parties
Give your laptop to a repair shop.
They get money.
You get a fixed laptop.
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33. Gratuitous Bailment
A bailee
holds the bailor’s property
and expects nothing in return
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34. Gratuitous Bailment
A bailee
holds the bailor’s property
and expects nothing in return
Could be for the sole benefit of the bailor
Could be for the sole benefit of the bailee
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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.
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36. 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.
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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.
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38. 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.
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39. A bailment is not a gift
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40. Property left with a bailee generally
should not be used by the bailee.
A bailment is not a loan.
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41. Bailment does not generally allow use
The bailee is
generally not
entitled to use
the bailor’s
property
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42. Bailment does not generally allow use
For example,
the dry cleaner
is not supposed
to wear your
suit to their
sister’s birthday
party.
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43. 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.
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44. Renting a self-storage unit is
NOT a bailment.
Physical
property has
not left the
custody of
its owner.
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45. Renting a self-storage unit is
NOT a bailment.
Self-storage
is a rental
agreement,
not a
bailment.
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46. You borrow a book
from the library …
Is this a bailment?
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47. You borrow a book
from the library …
Is this a bailment?
Yes. You have temporary
possession but not ownership.
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48. You borrow a book
from the library. Is
this a…
a. Gratuitous bailment
b. Mutual bailment
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49. You borrow a book
from the library. Is
this a…
a. Gratuitous bailment
b. Mutual bailment
(Neither party expects consideration.)
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50. You borrow a book
from the library. Is
this gratuitous
bailment for the…
a. Sole benefit of the bailor
b. Sole benefit of the bailee
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51. You borrow a book
from the library. Is
this gratuitous
bailment for the…
a. Sole benefit of the bailor
b. Sole benefit of the bailee
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52. During a party at your
house you let your
friend borrow your car
to pick up some ice at
the store …
Is this a bailment?
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53. During a party at your
house you let your
friend borrow your car
to pick up some ice at
the store …
Is this a bailment?
Yes. Your friend has temporary
possession but not ownership.
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54. During a party at your
house you let your
friend borrow your car
to pick up some ice at
the store. Is this a…
a. Gratuitous bailment
b. Mutual bailment
54

55. During a party at your
house you let your
friend borrow your car
to pick up some ice at
the store. Is this a…
a. Gratuitous bailment
b. Mutual bailment
(Neither party expects consideration.)
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56. Your friend borrows
your car to pick up
some ice at the store.
Is this gratuitous
bailment for the…
a. Sole benefit of the bailor
b. Sole benefit of the bailee
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57. Your friend borrows
your car to pick up
some ice at the store.
Is this gratuitous
bailment for the…
a. Sole benefit of the bailor
b. Sole benefit of the bailee
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58. You park your car
in a paid parking
lot downtown.
Is this a bailment?
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59. You park your car
in a paid parking
lot downtown.
Is this a bailment?
No. The parking lot does not take
possession of your car. This is
considered just a “space rental”.
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60. You give your car
keys to the valet
parking attendant at
the Hyatt Hotel and
the attendant parks
your car.
Is this a bailment?
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61. You give your car
keys to the valet
parking attendant at
the Hyatt Hotel and
the attendant parks
your car.
Is this a bailment?
Yes. Giving your
keys is the same as
giving possession.
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62. You rent a DVD
movie from a
redbox…
Is this a bailment?
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63. You rent a DVD
movie from a
redbox…
Is this a bailment?
Yes. You have temporary
possession of the DVD movie but
not ownership.
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64. You rent a DVD
movie from a
redbox…this is a
a. Gratuitous bailment
b. Mutual benefit bailment
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65. You rent a DVD
movie from a
redbox…this is a
a. Gratuitous bailment
b. Mutual benefit bailment
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66. You rent a DVD
movie from a
redbox…this is a
a. Gratuitous bailment
b. Mutual benefit bailment
Both parties receive consideration.
Redbox gets money,
you get to watch the movie 66

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?
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68. 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
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69. 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
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70. 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
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