If the donor attempts to regain a degree of control

If the donor attempts to regain a degree of control over the
property, there is not usually a legally effective gift
o Constructive Delivery: when a gift cannot actually be personally delivered
 Impracticality
 Intangibles

o Will not be valid if donor action was induced by fraud, duress, mistake, or
undue influence
o Inter Vivos and Causa Mortis : gifts given when the donor is dying
 1. The gift is revoked automatically if the donee dies before the
donor
 2. Revoked automatically if the donor does not die from the current
illness or peril
 Abandoned or mislaid properties
 Abandoned: if found under circumstances where a person did not
want it anymore or left so long ago that former owner no longer
living
 Lost property: discovered under circumstances indicating it was
not meant to be left there
 Mislaid property: property discovered something placed
somewhere voluntarily and accidentally left there
 Escheat Statutes
 Intangible property (money, stocks, bonds) is presumed abandoned
if it had remained in possession of custodian (bank) for a specified
period of time without contact from the owner
 Seven years is common
 State required to publish notice
o Still unclaimed (shorter period) the state becomes
the owner
 Changing Property
 Ownership passes to person performing labor [nonowner] only if
 1. The identity of the property has been changed
 2. The value of the property is many times greater than it
was prior to the change
 Often Depends of good faith versus bad faith
 Bailments
 The delivery of possession of personal property under delivery
agreement
 Person transferring possession is bailor and one receiving
possession is bailee
 1. One party must deliver possession (but not title) to the
other
 2. Must be classified as personal property

 3. Parties must agree that the recipient of the property will
later return it, deliver it to a third party, or otherwise
dispose of it in some specified manner
o Types of Bailments
 Sole Benefit of Bailee
 Owner of item permits another to use it without
compensation or any other benefit
 Ex. Loaning a car to a friend
 Sole Benefit of the Bailor
 When person stores or takes care of someone else’s
property as a favor
 Mutual Benefit Bailments
 Dual compensation
 Most common
 Ex. Equipment rental, storage unit
 Dual Care and the Presumption of Negligence
 If bailed property is damaged because bailee has failed due