Question
A gift differs from a contract because: Ownership of personal property can only be transferred by a contract, not by a gift. Ownership of personal
- A gift differs from a contract because:
Ownership of personal property can only be transferred by a contract, not by a gift. Ownership of personal property can only be transferred by a gift, never by a contract. A contract requires consideration (an exchange of benefits), but in a gift only the donor is giving the benefit. Once property is transferred bya contract, the original owner cannot take it back. However, the originial owner can always take a gift back if he wants to.
- I leave my dog overnight at the dog kennel. I am the bailee and the dog kennel is the bailor.
Ownership of personal property can only be transferred by a contract, not by a gift. | ||
Ownership of personal property can only be transferred by a gift, never by a contract. | ||
A contract requires consideration (an exchange of benefits), but in a gift only the donor is giving the benefit. | ||
Once property is transferred bya contract, the original owner cannot take it back. However, the originial owner can always take a gift back if he wants to. |
True
False
Trudi leaves her car in a parking garage owned by Happy Parking Co. While she is away, the car is damaged. Which of the following is most correct?
If Trudi [parked her car herself and took her car keys with her, Happy Parking Co. is probably not liable for the damage to her car (at least not under a bailment theory). | ||
If Trudi turned her keys over to the parking lot attendant, employed by Happy Parking Co., then Happy Parking Co. is likely liable for the damage to her car (at least under a bailment theory). | ||
This situation has nothing to do with bailment law. | ||
Both Answers 1 and 2 are correct. |
- Justin's lawnmoweris broken. Justinborrowshis neighbor's lawnmower. Ted goes to arestaurantandchecks his coat into the coatroomat no charge.
Justin has a greater duty to care for the lawnmower than the restaurant has to care for the coat.
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The restaurant has a greater duty to care for the coat than Justin has to care for the lawnmower.
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The duty of care is the same in each situation
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Justin's only duty is to return the lawnmower; the restaurant's only duty is to return the coat |
1.In whichof the followingsituationsdoes the donorhave donative intent?
Matthew and Paul are leaving a party.Matthew has had a great deal to drink.He says to Paul, "Paul, I am giving you my brand-new Porsche right now.Here are the keys.Take it." | ||||||||||||||||||||||||||||||||||||||
Jared saysto Tom, "Tom, I am giving you my oldwatch. However, if my newwatchdoesn'tworkwell, I mightdecidethat I need it back." | ||||||||||||||||||||||||||||||||||||||
Matthew is completely sober. He saysto his friendPaul, "Next year, when I get my new car, I am going to giveyou a newPorsche. | ||||||||||||||||||||||||||||||||||||||
Jared says to Tom."Tom, I am giving you my old watch.It is an ugly watch, and it doesn't work very well, but it is yours.Here take it." 1.According to the textbook, an "age-old question' is which party owns the engagement ring if the engagement is broken. According to the Rhode Island Supreme Court in theMartinocase:
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