CHAPTER 8 PERSONAL PROPERTY PERSONAL PROPERTY Tangible personal

CHAPTER 8 PERSONAL PROPERTY

PERSONAL PROPERTY • Tangible personal property that has substance and can be touched • EX: Things • Intangible personal property cannot be touched • EX: Copyrights, Your rights • The laws that apply to Personal property vs. Real property are different

PROPERTY • Most Property is acquired by: • Purchase • Gift • Inheritance

PROPERTY • Co-ownership: two or more people; married couples • Lost, Misplaced, Abandoned: • There is a legal duty to find the owner of lost items –follow local laws (advertise, leave with police) • Misplaced items are those left in obvious places (on a counter, in a cab, at a restaurant) –leave with someone of authority (restaurant owner) • Abandoned property may be kept

PROPERTY • Stolen Personal Property • Original owner can always regain possession • May not sell stolen property • May not purchase stolen property • Obliged to return • Gifts of Personal Property • Gift-giver must intend to make it a gift • Gift must be delivered • Gift-receiver must accept • If all 3 are met, gift cannot be taken back

INTELLECTUAL PROPERTY • Inventions, works of art, software, logos • Laws assure the owners of intellectual property will have exclusive rights to their creations • Patent: Product must be useful and have a new idea. Good for 20 years. • Copyright: Protected for the life of the author plus 70 years. Illegal song downloads violates copyright laws • Fair Use Doctrine- critics, news, school, research • Trademarks: Word, name, symbol, device. Renew every 10 years. ®

BAILMENTS • Bailment: transfer of possession and control of personal property to another with the intent that the same property will be returned later. • No intent to pass the title of property • An obligation to return the same property to owner • Responsibility to exercise a certain standard of care • Bailor = owner • Bailee = other person

TYPES OF BAILMENT • Special bailment: Sole benefit to borrower (bailee) • Ex: Borrowing something, there is nothing to benefit the person who loaned the property • Liable for any damage to the item while in your possession

TYPES OF BAILMENT • Gratuitous bailment: Sole benefit of the bailor • EX: A friend asks you to hold something for a short time • The responsibility is to use only slight care • Liable for gross negligence • Mutual Benefit bailment: Bailor and Bailee receive benefit • EX: Leave your car at a repair shop to get fix (Car gets fixed, business gets money) • The responsibility is to use reasonable care

BAILMENT • Tortious Bailees- someone who holds property wrongfully (including lost property) • Refusing to return property • Responsible for damage to the property • Burden of Proof- The bailee is the one who is in the best position to know what happened to an item that is lost, stolen, or damaged • The bailee must prove lack of negligence

SPECIAL BAILMENTS • Hotel Keepers • Must accept all people who are not dangerous to the health, welfare, or safety of others and who can pay • Under the Civil Rights Act it is a crime to discriminate • Must provide a minimum standard of comfort, safety, sanitation • Heat, ventilation, clean beds, right to privacy

HOTEL KEEPERS • Hotel Keepers are not liable in the following cases: • Loss caused by guest’s negligence • Loss to the guest’s property due to acts of God • Loss of property because of accidental fire • Have a lien (can keep property until debt is settled)

COMMON CARRIERS • Carrier: business that transports persons, goods, or both • Common Carrier: Carrier compensated for providing transportation to the public. • Civil Rights Act: cannot turn people away

COMMON CARRIERS • Common Carriers of Goods: Always liable for goods shipped except for • An act of God, public enemy, public authorities, or the nature of goods • Common Carriers of Passengers: Responsible for protecting passengers • Not responsible for unforeseeable or unpreventable injuries • Federal regulations require screening of all passengers; those not screened will not be allowed transportation

COMMON CARRIERS • Bumped Airline Passengers: When the plane is overbooked • Must ask for volunteers to give up seat • Must accommodate those who lost their seat • Entitled to compensation + money back • Baggage: Obligated to accept a reasonable amount of luggage. • Federal rules place limits on liability for lost luggage ($2, 500)

CHAPTER 9 PERSONAL PROPERTY: OWN/RENT

RENTAL AGREEMENTS • The Landlord-Tenant Relationship • Renter = Tenant = Lessee • Owner = Landlord = Lessor

TYPES OF TENANCY • Tenancy for Years: • Right to occupy property for a period of time. • Over 100 years gives right to transfer ownership to tenant • Periodic Tenancy: • Continues for fixed periods of time • Ex: Renew a lease every month, year, etc.

TYPES OF TENANCY • Tenancy at Will: • No set period of time • Can end at any point (usually need a 30 day notice) • Tenancy at Sufferance: • When a tenant does not leave the property when lease is up • Illegal: must pay rent for time, no right to vacate, no legal rights to property

LEASE AGREEMENT • A lease provides the tenant with exclusive possession and control of the property of the landlord • Terms in Lease- set the rights • Tenant: possession and occupancy free from intrusion • Landlord: rent and possession of property; in good condition

LEASE AGREEMENT • Security Deposit- First Month’s and Last Month’s rent plus an additional amount (the price of one month’s rent) • Assignment/Subletting- Transfer the lease to someone else • Landlord does not have to allow it • Original tenant is responsible for paying rent to landlord • Option to Renew- Renter can renew for another term

RESPONSIBILITIES • Landlord: • Refrain from discrimination • Maintain Premises • Transfer Peaceful Possession • Tenant: • Follow terms of lease; pay rent on time • Avoid waste- damage/destroy property; return in good condition • Return fixtures- stoves, cabinets, etc.

EVICTION • Can be evicted for • • Not paying rent Staying after lease expires Damaging the premises Violating lease agreement (provisions) • Landlord may not use force • Must obtain court order • An officer will carry out eviction

EVICTION • Constructive Eviction- Landlord breaches the lease • Ex: Depriving of heat, water, electricity, etc. • Tenant may terminate lease, leave property, stop paying rent

TORT LIABILITY • Landlord and tenant can be liable if someone is hurt on the property • Whoever is in control of the area is liable • Landlord: defects in common areas • Tenant: defects in private areas

REAL PROPERTY • Estate: the right a person has in real property • Leasehold estate: Landlord/Tenant agreement • Freehold estate: holder owns the land for life or forever • May transfer the interest to another by sale, gift, will, or dying without will

OWNERSHIP • Ownership of property comes about by deed, inheritance, or law • A deed transfers ownership • Must be signed and delivered

LIMITATIONS ON PROPERTY USE • Limits that affect how you build on your land, and how you can use your property • Zoning laws- limits the way property may be used • Ex: Zoning for single family homes, how tall or large a building • Eminent domain- the right of the government to take land for public use. • For schools, highways, public buildings

LIENS, LICENSES, EASEMENTS • Liens- legal right to another’s property as security for debt • Ex: mortgage (promises the property if payments aren’t met) • Licenses- temporary, revocable right to the limited use of another’s land; owner can terminate at any time • Ex: • Easement- irrevocable right to the limited use of another’s land • Ex: cross someone’s property (for laying pipes, etc) • Cannot be terminated without the consent of the owner of the right