Chapter XVIII PERSONAL PROPERTY CONDENSED OUTLINE

Similar documents
RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS

TYPES OF PROPERTY. Property: Legally protected rights and interests in anything with an ascertainable value that is subject to ownership.

TERMS AND CONDITIONS OF EQUIPMENT LEASE / RENTAL

Illinois Compiled Statutes Commercial Code Uniform Commercial Code 810 ILCS 5/

UNIT I INDIAN CONTRACT ACT, 1872

PumpNSeal Australia Pty Ltd

Name: Date: 1. Generally, an oral lease for five years is A) illegal. B) unenforceable. C) a short-term lease. D) renewable only in writing.

Quiz 40:Leasing and Managing Property

Chapter 16 Questions Leases

Sales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Fall Leases

COURSE OUTLINE Business Law 2

Purchase Order Terms and Conditions

Chapter XVII REAL PROPERTY CONDENSED OUTLINE

Terms and Conditions of Sales

Introduction to the Personal Property Securities Register

THE CHATTELS SECURITIES ACT, Act No. 7 ARRANGEMENT OF SECTIONS

BANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL. USA - MINNESOTA Briggs and Morgan, P.A.

This Agreement shall include and be subject to the following terms and conditions:

REAL PROPERTY: LIMITATION OF ACTIONS

25-2A-102. Scope. This Article applies to any transaction, regardless of form, that creates a lease. (1993, c. 463, s. 1.)

NEW ACCOUNT APPLICATION - NETHERLANDS

GROUND LEASE AGREEMENT

What you need to know Real Estate Education Series

ALL PURCHASE ORDERS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS

MEMORANDUM OF AGREEMENT FOR THE TRANSFER OF TITLE TO REAL PROPERTY City of Lompoc & Lompoc Healthcare District. Recitals

Edward K. Gross, Vedder Price P.C. Non-True v. True Leases: Background, Rationale and Significance of the Distinction

Classifying Contracts. Contracts can be created orally.

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

PURCHASE ORDER TERMS AND CONDITIONS

Summary. Sale of Goods Act, 1930

Conditions of Purchase

Terms. A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will.

CONTRACT : DEFINITION AND CONCEPT

3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts

NEW ACCOUNT APPLICATION - FRANCE

ELEMENTS OF REAL PROPERTY

FOUNDATIONS OF PROPERTY LAW EXAM NOTES 2017 PREVIEW VERSION

BNT Escrow Services, LLC

MODULE 5-A: LISTING AND SALES CONTRACTS

SITE LEASE. between. CITY OF WESTWOOD, KANSAS, as Site Lessor. and. SECURITY BANK OF KANSAS CITY, as Site Lessee

LIST OF CHAPTERS VOLUME 1 VOLUME 2 BROKER LISTING DOCUMENTS CONTRACTS TO BUY AND SELL CONTRACTS FOR I.R.C EXCHANGES

Security over Collateral. USA - NEBRASKA Baird Holm LLP

PROPERTY LAW SUMMARY 2011

INDEX. ABANDONMENT waiver, distinguished from, 242. AGENCY apparent, seller with, sale by, 110 necessity, of, 126, 288 sale, distinguished from, 11

GROUND LEASE AGREEMENT. between UNIVERSITY OF SOUTH ALABAMA. as Lessor. and USA RESEARCH & TECHNOLOGY CORPORATION. as Lessee

Welcome to Carter Storage Facility, LLC We are happy to have you as a new storage customer.

Title 14: COURT PROCEDURE -- CIVIL

APPLICABLE TERMS AND CONDITIONS

PURCHASE ORDER TERMS AND CONDITIONS

Bioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010])

CALIFORNIA RESIDENTIAL LEASE AGREEMENT

ALAN J. MOGOL, ESQUIRE BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC

University of International Business and Economics International Summer School

Automobile Leasing: Reg. M Overview, Reg. M Avoidance and Key Differences from Retail Contracts. Presented by: Lauren Campisi

Modern Real Estate Practice, 18 th Edition

Commercial Law Cram Notes

PATENT PURCHASE AGREEMENT

PROPERTY LEASE AGREEMENT

Sale of Goods Ordinance (Cap.26)

TERMS AND CONDITIONS OF SALE

Section 4.1 LAND TITLE

MODULE 4-A: REVIEW OF THE LAW OF CONTRACTS

WHRL SOLUTIONS LLC. CONDITIONS AND TERMS OF SALE 1. APPLICABLE TERMS.

Understanding the CCCM

ONEIDA INDIAN NATION TRUST LANDS RESIDENTIAL LEASING ORDINANCE

Sales Associate Course

ICAN BUSINESS LAW WEEK 6 SOLUTION TOPIC: SALE OF GOODS & HIRE PURCHASE SECTION A 1. C 2. A 3. B 4. E 5. B 6. D 7. B 8. B 9. B 10.

EXTRACT FOR QUESTION 2

COMMERCIAL TERMS OF SALE CRITICAL - AIRFLOW EUROPE LTD 1. Definitions

Subscription Agreement

SALES TOPIC OUTLINE 1

MODULAR MINING SYSTEMS TERMS AND CONDITIONS OF SALE

SELF-STORAGE TENANCY AGREEMENT. SEND RENT TO: 135 Marcou Rd Office, Onalaska, Wi

DEVANCO FOODS EQUIPMENT LEASE AGREEMENT

GENERAL ASSIGNMENT RECITALS

CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION

GENERAL ASSIGNMENT RECITALS

NOTICE OF PUBLIC DISPOSITION OF COLLATERAL. CUFF, INC. and any party entitled to notice under California Uniform Commercial Code 9611

PCLL Conversion Examination January 2018 Examiner s Comments Commercial Law

Property, Servitudes/Easements- pp November 6, 2006 Crusto s Socratic Dialogue. 1. Please provide an Analytical Overview of the Topic.

Contracts 101. Colette Massengale, Esq. Jason Brand, Esq. Legal Affairs Maryland Association of REALTORS

Title Transfer. When the title changes hands, this is called alienation.

11. What is the difference between easement by necessity and easement by prescription?

D.C. Code

(H-96) Gold Coast City Marina, Waterway Drive COOMERA QLD 4209

EXHIBIT A AGREEMENT FOR SALE OF IMPROVEMENT TO REAL PROPERTY AND BILL OF SALE

judgment in price, any duties. good quality will conform including furnished by and AMOT arising from the goods Buyer. result of the for Texas shall

EXECUTIVE TERMINAL STORAGE AGREEMENT NAME: ADDRESS: PHONE: Home ( ) Business: ( )

Lesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial

UCC Secured Transactions: Avoiding Pitfalls in Perfecting Security Interests

Tenn. Code Ann TENNESSEE CODE ANNOTATED 2011 by The State of Tennessee All rights reserved

II BCOM[AM] SEMESTER - IV CORE: BUSINESS LAW-413B Multiple Choice Questions.

DEED OF ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS

EQUIPMENT LEASE AGREEMENT

EMPLOYEE RESIDENTIAL LEASE AGREEMENT by and between THE TEXAS A&M UNIVERSITY SYSTEM and

(1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility.

TURTLE & HUGHES, INC. AND SUBSIDIARIES TERMS AND CONDITIONS OF QUOTATION AND SALE

GENERAL CONDITIONS OF SALE. Valid from July 1 st, 2014

LEASE OF GROUNDWATER

Transcription:

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

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

(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

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

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

(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

(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

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

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

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

(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

(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

(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

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 $150. 14

(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