Chapter XVIII PERSONAL PROPERTY CONDENSED OUTLINE

Transcription

1 Chapter XVIII CONDENSED OUTLINE I. INTRODUCTION A. Nature of Property and Ownership. B. Limitations on Ownership. C. Methods of Acquisition and Ownership. D. Conflict of Laws. II. SPECIFIC TYPES OF A. Literary and Artistic Property. B. Inventions. C. Trademarks and Trade Names. D. Real and Personal Property. III. ACQUISITION OF TITLE TO A. Finding. B. Accession and Confusion. C. Adverse Possession. D. Gift. 1

2 IV. BAILMENTS A. In General. B. Particular Bailees. V. LIENS A. Nature and Kinds of Liens. B. Possessory Liens. C. Nonpossessory Liens. D. Particular Statutory Liens. DETAILED OUTLINE I. INTRODUCTION A. Nature of Property and Ownership. 1. Ownership. (a) [ 1] General Meaning. (b) [ 2] Special Meanings. 2. Property. (a) [ 3] General Meaning. (b) [ 4] Special Meanings. B. Limitations on Ownership. 1. Dead Body. (a) [ 5] Remains To Be Buried. (b) Uniform Anatomical Gift Act. (1) In General. (aa) [ 6] Nature and Purpose. (bb) [ 7] Cooperation Between Coroner and Procurement Organization. 2

3 (cc) [ 8] Removal of Organs Before Inquest or Autopsy. (dd) [ 9] Removal of Tissue by Embalmer. (ee) [ 10] Immunity From Tort Liability. (2) [ 11] Donors. (3) [ 12] Organ and Tissue Donor Registry. (4) Making a Gift. (aa) [ 13] Authorized Methods. (bb) [ 14] Driver s License or Identification Card. (cc) [ 15] Delivery, Amendment, or Revocation. (dd) [ 16] Search for Document of Gift. (5) [ 17] Donees. (6) [ 18] Acceptance. (7) [ 19] Procedure at Time of Death. 2. [ 20] Body Tissue and Cells. 3. [ 21] Wild Animals and Fish. 4. [ 22] Public Office. 5. Personal Name. (a) [ 23] In General. (b) [ 24] Right To Change Name. (c) [ 25] Right To Sue or Be Sued in Any Name. (d) [ 26] Right To Maintain or Change Name Following Marriage or Domestic Partnership Registration. 6. [ 27] Illegally Possessed Property. C. Methods of Acquisition and Ownership. 1. [ 28] In General. 2. [ 29] Future Interests in Personal Property. 3

4 3. [ 30] Equitable Servitudes. 4. Joint Tenancy in Personal Property. (a) [ 31] Nature of Joint Tenancy. (b) Termination of Tenancy. (1) [ 32] In General. (2) [ 33] Unilateral Severance. (c) [ 34] Proceeds of Joint Tenancy Property. (d) [ 35] Safe Deposit Boxes. 5. [ 36] Coownership of Automobile. 6. Unclaimed Property Law. (a) In General. (1) [ 37] Former Law. (2) Revised Unclaimed Property Law. (aa) [ 38] Purpose of Revision. (bb) [ 39] Nature of Law. (3) [ 40] Other Statutes Dealing With Unclaimed Property. (b) Escheat of Unclaimed Personal Property. (c) (1) [ 41] Last Known Address. (2) [ 42] Illustrations of Particular Kinds of Property. (3) [ 43] Exemptions. Procedure for Escheating Property. (1) [ 44] Report. (2) [ 45] Notice. (3) [ 46] Payment. (4) [ 47] Custody and Sale. (d) [ 48] Claim by Owner of Interest. (e) [ 49] Claim by Another State. 7. [ 50] Partition of Personal Property. 4

5 D. Conflict of Laws. 1. In General. (a) [ 51] Restatement 2d. (b) [ 52] Commercial Code. 2. [ 53] Conveyances. 3. [ 54] Powers. 4. [ 55] Encumbrances. 5. [ 56] Effect of Removal of Property. 6. [ 57] Statutory Rules on Motor Vehicles. II. SPECIFIC TYPES OF A. Literary and Artistic Property. 1. State Protection. (a) [ 58] Former Law. (b) [ 59] Revised Statutes. (c) [ 60] Reproduction Rights in Fine Arts. (d) [ 61] Fine Arts Resale Royalties Act. (e) Fine Arts Protection Against Alteration. (1) [ 62] Nature and Purpose of Act. (2) [ 63] Prohibition of Alteration. (3) [ 64] Rights of Artist. (4) [ 65] Removal of Work From Building. (5) [ 66] Remedies of Artist. (f) [ 67] Preservation of Integrity of Fine Art. (g) [ 68] Audit Rights of Sound Recording Royalty Recipient. 2. Federal Copyright Protection. (a) [ 69] In General. 5

6 (b) [ 70] Nature of Protection. (c) Preemption of State Law. (1) [ 71] In General. (2) [ 72] Preemption Limited to State Copyright Laws. (d) Properties Within Copyright Protection. (e) (1) [ 73] In General. (2) [ 74] Compilations of Facts. (3) [ 75] Collective Works. (4) [ 76] Derivative Works. Infringement. (1) [ 77] In General. (2) [ 78] Commentary. (f) [ 79] Fair Use Doctrine. (g) [ 80] Works for Hire. (h) [ 81] Miscellaneous Provisions of Act. 3. Ideas. (a) [ 82] No Property Right. (b) Contractual Protection. (1) [ 83] Transfer of Idea as Consideration. (2) [ 84] Novelty or Concreteness Is Not Required. (c) [ 85] Distinction: Rights in Ideas Are Not Assignable. 4. [ 86] Titles. B. Inventions. 1. [ 87] Common Law Right During Possession. 2. Federal Patent Law. (a) Nature of Protection. (1) [ 88] In General. (2) Infringement. (aa) [ 89] In General. 6

7 (bb) [ 90] Induced Infringement. (cc) [ 91] Doctrine of Equivalents. (dd) [ 92] Defenses to Infringement Action. (3) [ 93] Transfer and License. (b) [ 94] What Constitutes Patentable Invention. 3. [ 95] Right To Use Unpatented Article. 4. [ 96] Right To Use Expired Patent. C. Trademarks and Trade Names. 1. Trademarks. (a) [ 97] Nature of Trademark. (b) [ 98] Invalid Trademarks. (c) Methods of Protection. (1) [ 99] In General. (2) [ 100] Infringement Actions. (d) [ 101] Transfer of Trademark. (e) [ 102] State Registration. (f) Federal Registration. (1) [ 103] In General. (2) [ 104] Commentary. 2. Trade Names. (a) [ 105] Nature of Protection. (b) [ 106] Invalid Trade Names. D. Real and Personal Property. 1. In General. (a) [ 107] Test of Mobility. (b) [ 108] Water. (c) [ 109] Growing Crops and Trees. (d) [ 110] Standing Timber. 7

8 2. Fixtures. (a) [ 111] Nature of Doctrine and Tests. (b) Illustrations. (1) [ 112] Property Held To Be Fixtures. (2) [ 113] Property Held Not Affixed. (c) [ 114] Agreement and Constructive Severance. (d) Removal Statute. (1) [ 115] Nature of Statute. (2) [ 116] Fixtures Installed by Tenant. (3) [ 117] Fixtures Installed by Buyer. (4) [ 118] Fixtures Installed by Trespasser or Licensee. (e) [ 119] Fixtures Installed by Grantor or Mortgagor. (f) [ 120] Fixtures Installed by Defaulting Purchaser. (g) [ 121] Fixtures Subject to Mechanic s Lien. (h) Fixtures Taxable as Real Property. (1) [ 122] Trade Fixtures. (2) [ 123] Computer Components. (3) [ 124] Vessel Used as Tourist Attraction. (4) [ 125] No Immunity From Sales Tax. (i) [ 126] Fixtures Condemned as Real Property. III. ACQUISITION OF TITLE TO A. Finding. 1. [ 127] Finder s Common Law Right of Possession. 2. Title by Compliance With Statute. (a) [ 128] Former Law and Revision. (b) [ 129] Duties and Rights of Finders. (c) [ 130] Exceptions and Special Procedures. 8

9 B. Accession and Confusion. 1. [ 131] Accession. 2. [ 132] Confusion. C. [ 133] Adverse Possession. D. Gift. 1. [ 134] In General. 2. [ 135] Intent To Make Present Gift. 3. Delivery. (a) [ 136] Nature of Requirement. (b) Actual Delivery by Donor. (1) [ 137] Retention of Control Negates Delivery. (2) [ 138] Delivery Established. (c) [ 139] Actual Delivery Through Third Person. (d) [ 140] Constructive or Symbolic Delivery. 4. [ 141] Acceptance. 5. [ 142] Inter Vivos Gift by Document of Transfer. 6. Gift in View of Impending Death. (a) [ 143] Nature and Presumption. (b) [ 144] Same Requisites as Gift Inter Vivos. 7. Gift of Chose in Action. (a) [ 145] Chose Not Evidenced by Writing. (b) [ 146] Chose Evidenced by Writing. (c) [ 147] Life Insurance Policy. 8. Rescission and Revocation. (a) [ 148] Rescission for Mistake or Fraud. (b) [ 149] Rescission for Undue Influence. (c) [ 150] Revocation of Gift in View of Impending 9

10 Death. (d) [ 151] Revocation of Gift in Contemplation of Marriage. 9. Uniform Transfers to Minors Act. (a) [ 152] Former Gifts to Minors Act. (b) [ 153] Transfers to Minors Act. (c) [ 154] Nature and Scope of Act. (d) Custodian. (1) [ 155] In General. (2) [ 156] Selection, Removal, and Successor. (e) [ 157] Who May Make Transfer. (f) [ 158] Manner of Making Transfer. (g) [ 159] Effect of Transfer. (h) Administration of Custodianship. (1) [ 160] Duties and Compensation of Custodian. (2) [ 161] Powers of Custodian. (3) [ 162] Liability to Third Persons. (4) [ 163] Termination of Custodianship. IV. BAILMENTS A. In General. 1. [ 164] Nature and Types. 2. [ 165] Title and Estoppel To Deny. 3. [ 166] Bailee s Right To Sue. 4. Bailee s Duty of Care. (a) [ 167] In General. (b) [ 168] Contractual Modifications. (c) Bailment for Hire: Ordinary Care. (1) [ 169] Kind of Care and Burden of Proof. 10

11 (2) [ 170] Limitation of Liability to Apparent Value. (d) [ 171] Gratuitous Bailment. 5. [ 172] Bailee s Liability for Unauthorized Use (Deviation). 6. Bailee s Liability for Failure To Redeliver. (a) [ 173] In General. (b) [ 174] Where Third Party Claims Goods. 7. [ 175] Crimes Involving Commercial Bailments. B. Particular Bailees. 1. Innkeeper. (a) [ 176] Liability: In General. (b) Exemption From and Limitation of Liability. (1) [ 177] Exemption: Fireproof Safe and Notice. (2) [ 178] Statutory Limitation to Fixed Sums. (3) [ 179] What Constitutes Written Consent. (c) [ 180] Liability for Acts of Employees. 2. Warehouse. (a) Liability. (1) [ 181] In General. (2) [ 182] Failure To Deliver. (b) Limitation of Liability. (1) [ 183] Former Law. (2) [ 184] Under Commercial Code. 3. Carrier. (a) [ 185] Common and Private Carriers. (b) Liability and Limitation. (1) Liability as Insurer. (aa) [ 186] California Law. (bb) [ 187] Federal Law. (2) [ 188] Passenger Using Free Pass. 11

12 (3) Limitation: Federal Law. (aa) [ 189] In General. (bb) [ 190] Sea and Air Carriers. (4) Limitation: California Law. (aa) [ 191] Contractual and Statutory Limitations. (bb) [ 192] When Limitation Is Unenforceable. 4. Vehicle Keeper or Repairer. (a) [ 193] Liability: In General. (b) [ 194] Invalid Disclaimer of Liability. 5. Hirer of Personal Property. (a) [ 195] Applicable Law. (b) Duties and Liabilities of Lessor (Bailor). (1) [ 196] In General. (2) [ 197] Liability for Negligence. (3) [ 198] Warranty and Strict Liability. (c) [ 199] Liability of Lessee (Hirer or Bailee). (d) [ 200] Remedies of Lessor. (e) Vehicle Leasing Act. (1) [ 201] Nature of Act. (2) [ 202] Lease Contract Provisions. (3) [ 203] Other Regulations. (4) [ 204] Unlawful Subleasing. (f) [ 205] Rental Car Transactions. (g) Uniform Commercial Code Leases. (1) In General. (aa) [ 206] Adoption of U.C.C. Division 10. (bb) [ 207] Scope and Application of U.C.C. Division 10. (2) Types of Leases. (aa) [ 208] Consumer Lease. 12

13 (bb) [ 209] Finance Lease. (cc) [ 210] Installment Lease. (3) Formation and Construction of Lease Contracts. (aa) [ 211] Formation of Contract. (bb) [ 212] Rules of Construction. (cc) [ 213] Modification, Rescission, and Waiver. (4) Warranties. (aa) [ 214] Express Warranties. (bb) [ 215] Implied Warranties. (cc) [ 216] Construction of Warranties. (5) [ 217] Insurable Interest and Risk of Loss. (6) Transfers of Lease Interests. (aa) [ 218] Effect of Provisions Limiting Transfers. (bb) [ 219] Rights of Creditors and Subsequent Lessees, Sublessees, and Buyers. (7) Performance of Lease Contract. (aa) [ 220] Repudiation. (bb) [ 221] Substituted or Excused Performance. (8) [ 222] Acceptance or Rejection of Goods. (9) Remedies. (aa) [ 223] In General. (bb) [ 224] Default by Lessor. (cc) [ 225] Default by Lessee. V. LIENS A. [ 226] Nature and Kinds of Liens. B. Possessory Liens. 1. [ 227] In General. 2. [ 228] Requisites of Lien. 13

14 3. Termination of Lien. (a) [ 229] In General. (b) [ 230] Relinquishment of Possession. C. [ 231] Nonpossessory Liens. D. Particular Statutory Liens. 1. Innkeeper s (Hotelkeeper s) Lien. (a) [ 232] Nature and Scope. (b) Enforcement. (1) [ 233] In General. (2) [ 234] Landlord s Possession During Pendency of Action. (3) Innkeeper s Possession During Pendency of Action. 2. Warehouseman s Lien. (aa) [ 235] Application, Writ, and Restraining Order. (bb) [ 236] Levy on Property. (a) [ 237] Nature and Effect. (b) [ 238] Enforcement. 3. Self-Service Storage Facility Owner s Lien. (a) [ 239] Nature and Effect. (b) [ 240] Enforcement. 4. [ 241] Carrier s Lien. 5. [ 242] Household Goods Carrier s Lien. 6. Improvers and Storage Liens. (a) In General. (1) [ 243] Types of Liens. (2) [ 244] Nature and Effect. (3) [ 245] Enforcement. (4) [ 246] Where Charges Do Not Exceed $

15 (b) Garagekeeper s Lien. (1) [ 247] In General. (2) Lien Sale Procedure. (aa) [ 248] In General. (bb) [ 249] Vehicle Valued Over Specified Amount. (cc) [ 250] Vehicle Not Over Specified Value. (dd) [ 251] Vehicle Removed by Public Agency. (c) [ 252] Towing and Storage Lien. (d) [ 253] Aircraft Keeper s or Repairer s Lien. 7. Hospital s Lien on Damages. (a) [ 254] Statutory Provisions. (b) [ 255] Illustrations. 8. [ 256] Agricultural Supply Liens. 15