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Real Property Test 2

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Submitted By GloieCreations
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QUESTION 1
● An inter-vivos gift is different than a Will in that…
○ An inter-vivos gift is only valid if the donor is alive at the time of the gift ○ An inter-vivos gift requires consideration to be binding, while a Will does not ○ A Will is irrevocable, while an inter-vivos gift can be revoked ○ All of the above

QUESTION 1 - ANSWER
● An inter-vivos gift is different than a Will in that…
○ An inter-vivos gift is only valid if the donor is alive at the time of the gift – correct answer ○ An inter-vivos gift requires consideration to be binding, while a Will does not ○ A Will is irrevocable, while an inter-vivos gift can be revoked ○ All of the above

QUESTION 2
● Archie tells Edith, “Edith, because I love you so much I hereby give you my piano. It’s still sitting in my living room. But you can take it whenever you like.” Is this gift valid?
○ Yes ○ No, because donative intent has not been established ○ No, because there was no delivery ○ No, because there was no acceptance

QUESTION 2 - ANSWER
● Archie tells Edith, “Edith, because I love you so much I hereby give you my piano. It’s still sitting in my living room. But you can take it whenever you like.” Is this gift valid?
○ Yes ○ No, because donative intent has not been established ○ No, because there was no delivery – correct answer ○ No, because there was no acceptance

QUESTION 3
● Which of the following could constitute a valid delivery of a gift of a car?
○ Parking the car in the donee’s driveway ○ Giving the car keys to the donee ○ Giving the car’s title over to the donee ○ All of the above

QUESTION 3 - ANSWER
● Which of the following could constitute a valid delivery of a gift of a car?
○ Parking the car in the donee’s driveway ○ Giving the car keys to the donee ○ Giving the car’s title over to the donee ○ All of the above – correct answer

QUESTION 4
Bart is sick with lung cancer in Springfield hospital. He says to Lisa, “Lisa, since you’ve been such a wonderful sister, you can have my skateboard after I die.” This is…
● A valid inter vivos gift which is irrevocable ● A valid inter vivos gift which is revocable ● A valid gift causa mortis ● Not a valid gift

QUESTION 4 - ANSWER
Bart is sick with lung cancer in Springfield hospital. He says to Lisa, “Lisa, since you’ve been such a wonderful sister, you can have my skateboard after I die.” This is…
● A valid inter vivos gift which is irrevocable ● A valid inter vivos gift which is revocable ● A valid gift causa mortis ● Not a valid gift – correct answer

QUESTION 5
● A gift cause mortis is different than an inter vivos gift in that a gift causa mortis…
○ Need not be delivered to be effective ○ Can take effect at some point in the future ○ Is revocable ○ All of the above

QUESTION 5 - ANSWER
● A gift cause mortis is different than an inter vivos gift in that a gift causa mortis…
○ Need not be delivered to be effective ○ Can take effect at some point in the future ○ Is revocable – correct answer ○ All of the above

QUESTION 6
● Under Gruen v. Gruen…
○ A gift does not require acceptance to be valid ○ An irrevocable gift with a retained life interest is valid ○ A gift that only takes effect at some point in the future is valid ○ Delivery is no longer a requirement for an inter vivos gift

QUESTION 6 - ANSWER
● Under Gruen v. Gruen…
○ A gift does not require acceptance to be valid ○ An irrevocable gift with a retained life interest is valid – correct answer ○ A gift that only takes effect at some point in the future is valid ○ Delivery is no longer a requirement for an inter vivos gift

QUESTION 7
● Alex gives his watch to the Richie Rich hotel for them to store in their safe during his stay at the hotel. Which of the following is correct?
○ The hotel has legal title to the watch ○ The hotel has legal possession of the watch ○ The hotel has neither legal title nor legal possession of the watch ○ The hotel is strictly liable for any damage that happens to the watch

QUESTION 7 - ANSWER
● Alex gives his watch to the Richie Rich hotel for them to store in their safe during his stay at the hotel. Which of the following is correct?
○ The hotel has legal title to the watch ○ The hotel has legal possession of the watch – correct answer ○ The hotel has neither legal title nor legal possession of the watch ○ The hotel is strictly liable for any damage that happens to the watch

QUESTION 8
● Brenda asks her friend, Danny. to watch Brenda’s car while Brenda is away. Danny agrees to do so. Danny mistakenly leaves the engine running and the car is stolen. It turns out that there was a $25,000 diamond ring in the glove compartment unbeknownst to Danny. Which of the following is correct?
○ Danny is liable for both the car and the ring ○ Danny is liable for the car, but probably not the ring ○ Danny is not liable since he did not intentionally fail to watch the car ○ Danny is not liable because he is a gratuitous bailee; and they are not liable for negligence

QUESTION 8 - ANSWER
● Brenda asks her friend, Danny. to watch Brenda’s car while Brenda is away. Danny agrees to do so. Danny mistakenly leaves the engine running and the car is stolen. It turns out that there was a $25,000 diamond ring in the glove compartment unbeknownst to Danny. Which of the following is correct?
○ Danny is liable for both the car and the ring ○ Danny is liable for the car, but probably not the ring – correct answer ○ Danny is not liable since he did not intentionally fail to watch the car ○ Danny is not liable because he is a gratuitous bailee; and they are not liable for negligence

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