received dominion and control b Constructive tangible thing or writing that

Received dominion and control b constructive tangible

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received dominion and control) b. Constructive- tangible thing or writing that provides the mere access to subject matter of a gift which confers as much dominion or control over chattel given c. Symbolic- donor hands over some object other than item given that represents or symbolizes that gifted item 2. If object handed over, it must be. If impossible, other methods utilized. (iii) Acceptance- acceptance of property upon delivery unless it is expressly refused 1. Valuable items are presumed as accepted (b) Gift through 3 rd party (i) If agent of donee, gift is effective when the donor delivers to the agent. (ii) If agent of donor, gift is effective when the agent delivers to the donee. (c) Gift in contemplation of marriage (i) Majority- engagement rings are conditional gifts. 1. Implied condition of marriage and ring returned to donor when engagement ends regardless of fault. 2. If marriage never occurs, condition precedent is not satisfied, and no inter vivos gift made. (ii) Minority- ring given to the person who was not at fault for breaking the engagement. (3) Gift Causa Mortis- is a gift given in contemplation and in expectation of immediate approaching death. Gift revoked if the donor lives. (a) Substitution for a will but disfavored because of possible fraud (b) Elements of this gift are: (i) Donative Intent (ii) Delivery (iii) Acceptance (iv)Anticipation of Immediate Death (c) Competing views: (i) Majority- if donor recovers, the gift automatically revoked. (ii) Minority- if donor recovers, donor must expressly choose to revoke within a certain period or right is waived (d) Other views: (i) Majority- must die from contemplated peril (ii) Minority- does not have to die from contemplated peril so long as: 1. within the same approximate time frame 2. Very closely related to the anticipated peril (e) Rules: (i) Intent must be to make the gift to a specific person only because of impending death 1. Generalized fear is insufficient 2. Intervening cause is not sufficient 8
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Property I Law- Merged Outline (ii) If donee predeceases donor, gift is revoked 4) Chapter 4- Intellectual Property a) Copyright- exists to incentivize the creation of new works; i) Common Law: can copy at will because the courts cannot create common law copyright (1) Right to copyright is under authority of congress in the federal constitution; they established this and provide limited protection to it ii) Requirements (1) Originality- work independently created by author and possesses at least some minimal degree of creativity (a) No creativity in copyrighting in the selection and arrangement of facts (i) In order to be creative, combine them in a certain way. (2) Work of authorship- fixed in any tangible medium of expression. (3) Fixation- must be written, recorded or otherwise embodied in some physical form (4) *registration and notice not required.
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  • Fall '08
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  • The Land, Life estate, Fee simple

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