LAW 601 Lecture Notes - Lecture 5: Ben Wicks, Bailment
19 Feb 2017
School
Department
Course
Professor
Lecture 5
Chapter 17 → Personal and Real Property
Topics of Study
-Acquiring Personal Property Rights
-Losing Personal Property Rights
-Bailment
-Insurance
What is personal property?
-movable property: tangible & intangible (intellectual property → how can it be intangible if it can be movable is
that not contradictory??)
What is real property?
-is immovable
-usually permanent, whereas personal is temporary
How do you acquire personal property?
1. BY CONTRACT
2. BY GIFT
3. BY POSSESSION: (someone intentionally abandons property so you can take it and lay claim)
4. BY FINDING: occupier is entitled to things that are found in the private but not public parts of its premise
o AIRLINE CASE 17.1 a customer found a piece of jewelry in the executive lounge of an airport the
customer gave the jewelry to the airport and told the airport that if the owner did not pick it up that he
wanted it back. What ended up happening is that the airline did not give it back and instead sold it and
received $800. Court found that it was the customer had acquired the property because they found it on
public property
5. BY CREATION
How do you lose rights?
1. SELLING
2. LEASING
3. IF DESTROYED
4. BY ABANDONING: (note if you lose something or it is stolen your rights are not extinguished)
o How about if you abandoned something while intoxicated?
5. BY AFFIXATION TO LAND OR OTHER CHATTELS
o By placing a movable personal property and placing it on to a piece of real property
o Whoever owns the real property gets the new property attached
Case 4
For the Estate of Ben Wicks (Won)
For Harnet
--no intention of abandon
-we still have property rights
-merely forgotten
-they became aware of the cartoons being
forgotten
-not included in the real estate deal
-could have out it in the bags for sake of convince
-the drawings were left in garbage bags
-they brought the issue up after they found out
the images had value
-reasonable person would assume it was
abandoned because of circumstances
-Acquiring through: contract, possession, finding
-prolonged period of time
You can only transfer property rights you have gotten through valid methods
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Movable property: tangible & intangible (intellectual property how can it be intangible if it can be movable is that not contradictory??) What ended up happening is that the airline did not give it back and instead sold it and received . Court found that it was the customer had acquired the property because they found it on public property: by creation. They became aware of the cartoons being forgotten. Could have out it in the bags for sake of convince. They brought the issue up after they found out the images had value. Reasonable person would assume it was abandoned because of circumstances. You can only transfer property rights you have gotten through valid methods. Factors in determining whether an item is a fixture. Bailment when one person temporarily gives up possession of property with the exception of getting it back.
