Quiz 36: Personal Property and Bailments


Property can be divided into two types: personal property and real property. Real property can be anything that can be affixed to, erected on and growing on like land, crops and buildings. It is also referred to the rights that are being issued from land ownership. Personal property can be any movable property. Land is not included in personal property. It includes intangible property, notes, copyrights and all the things that are subject to ownership.

(1) Yes , Mr R has breached his duty as he had taken the mower for a period. He had lost it due to his own negligence is liable to make payment for the loss of the mower. He has to make payment for breach of his duty as a bailee. (2) Yes , Ms M is liable as failed to perform her duty as a bailee. She had not asked for the loan of boat but was liable as the property was kept under her jurisdiction in good faith. Hence the loss is to be borne by Ms M as it was due to her negligence that the boat was lost.

(1)Personal property and real property are different from each other. Personal property is the one that is movable and considered private. On the other hand, real property cannot be moved and is permanently attached to the land. Hence, the dome in the given case is a personal property because it has fabric exterior and frame attached which clearly separates it from the foundation. (2)The land given as a gift by Ms D to Ms F was an inter vivos gift because inter vivos means while living and both the parties involved in exchange of gift are alive. On the other hand, this git cannot be causa mortis nor testamentary because it means in death contemplation and after respectively. (3)The bailment relationship that was created between Ms D and Ms F was an ordinary bailment that benefited bot bailer and bailee. Ms D kept Ms F's sailboat in barn in exchange of her assistance in building an oak foundation on Ms D's property. As this bailment was a mutual benefit, so Ms D has to give reasonable and high degree of care to Ms F's sailboat. (4)Company D is a company who transports and licensed for public service. In the given case, the company D should take proper care of the shipment of dome till it is received by Ms F. If there is improper delivery then the liability lies to company D. Hence, the company must properly deliver it without any damage.

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