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abandon
discard with no intention to reclaim
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accession
aquiring property by adding property of another to one's own
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acceptance
assent of buyer to become owner of goods; assent to an offer resulting in a contract; drawee's signed agreement to pay draft
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auction
oral sale of property to the highest bidder
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auction w/ reserve
auction goods may be withdrawn after bidding starts
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bailor
person who gives up possession of bailed property
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bailee
person in possesion of bailed property
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bidder
person who makes offer at auction
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bill of lading
receipt & contract between consignor & carrier
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bill of sale
written evidence of title to tangible personal property
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carrier
transporter of goods, people or both
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common carrier
one that under takes to transport without discrimination all who apply for service
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private carrier
carrier that transports under special arrangements for a fee
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caveat emptor
let the buyer beware
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confusion
inseparable mixing of goods of different owners
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consignment
transfer of possession of goods for purpose of sale
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consignor
one who ships by common carrier
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consignee
one to whom goods are shipped
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constructive bailment
bailment imposed when a person controls lost property
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conversion
obtaining possession of property & converting it to own use
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creation
bringing property into being
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liability of common carriers of goods:
- 1. acts of god
- 2. acts of a public authority
- 3. inherent nature of the goods
- 4. acts of the shipper
- 5. acts of public enemy
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nature of the goods
carrier is not liable for damage due, such as decay of vegetables, fermation or evaporation of liquids, & death of live stock as a result of natural causes or the fault of other animals
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exisiting goods
good that are in being & owned by the seller
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identified goods
goods picked to be delivered to the buyer
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fungible goods
goods of a homogeneous nature sold by weight or measure
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fair credit reporting act
requires creditors to notify a potential receipient of credit whenever any adverse action or denial of credit was based on a creditor report
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gift
transfer of ownership without consideration
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injunctive powers
power to issue cease-and-desist orders
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intangible personal property
evidence of ownership of right or value
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judicial admission
fact acknowledge in course of legal proceeding
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magnuson-moss warranty act
requires that written warranties for consumer goods meet certain requirements
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pawn
tangible personal property left as security for a debt
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pledge
intangible property serving as security as security for a debt
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price
consideration in a sales contract
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property
anything that may be ownened
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receipt
taking possession of goods
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sale
transfer of title to goods for a price
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straight bill of lading
contract requiring delivery of shipped goods to consignee only
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tangible personal property
personal property that can be seen, touched, & possessed
-
truth-in-lending act
- (TILA) requires lenders to make certain written disclosures to borrowers before written disclosures:
- 1. finance changes
- 2. annual percentage rate
- 3. number, amount & due dates of all payments, including any ballon payments-payments that are more than twice the normal installment payment
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types of bailments
- 1. bailment for the sole benefit of the bailor
- 2. bailment for the sole benefit of the bailee
- 3. mutual-benefit bailment
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Examples of bailment for the sole benefit of the bailor
when a person takes care of a pet for a vacationing friend
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examples of bailment for the sole benefit of the bailee
when someone's personal property is borrowed
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examples of mutual-benefit bailment
a tv left to be repaired; laundry & dry cleaning contracts & the rental of personal property, such as an automobile of furniture
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warehouse receipt
document of title issued by storage company for goods stored
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warranty
assurance goods conform to a standard; statement of insured that relates to risk & is in contract
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types of warranties
- express warranty
- implied warranty
- full warranty
- limited warranty
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express warranty
statement of guarantee by seller
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implied warranty
warranty imposed by law
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full warranty
warranty with unlimited duration of implied warranties and agreements to remedy defects without charge
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limited warranty
written but not full warranty
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