virginia personal propertys3.amazonaws.com/mythm-vids-prod/va.doran.persprop.pdf · 2019-11-04 ·...

VIRGINIA PERSONAL PROPERTY PROFESSOR MICHAEL DORAN

UNIVERSITY OF VIRGINIA SCHOOL OF LAW

CHAPTER 1: BASICS OF PERSONAL PROPERTY, GAINING OR LOSING OWNERSHIP

A. Distinguishing Personal Property from Real Property

• Real property (realty)

o Cannot be _________________________ o Structures ______________________ to the land o Items within a structure that are ____________________ to the structure (fixtures)

• Personal property (personalty)

o Can be moved

Note 1: Personal property can be tangible or intangible. A patent or a royalty is just as much personal property as a car or a book.

• "Curveballs"

o Lease

A lease of real property is a chattel and considered personal property, no matter the length of the lease.

o __________________________________

Any vegetation that is planted and cultivated is personal property.

Example 1: If a backyard were planted as a corn field, the corn growing there would be personal property, not real property.

Any vegetation that grows __________________ is real property.

o _________________________________

An item of personal property that is attached to real property may become real property under a three-part test:

• Whether the item of personal property can be easily __________________________ once it has been attached to the real property;

• Whether the item of personal property, once attached, has been __________________________ to the use of the real property; and

• Whether the owner intends to make the item of personal property part of the real property.

2 | © 2019 Themis Bar Review, LLC | VA Personal Property

Example 2: I decide to do some home improvement. I buy a new stove and a new toaster for my kitchen. As I leave the store with my purchases, both items are movable, neither has been attached to real property, and so at that time, both are personal property. I install the stove in my kitchen and place the toaster on the counter. Because the stove will have to be attached to the kitchen it is not easily removed, and it will be adapted to the uses of the house as residence. As long as I have the intent to make the stove part of the house, the stove will be a fixture. At that point it is no longer personal property, it is real property. Sale of the house will include the land, the house, and the fixtures, including the stove. However, the toaster will remain personal property. Once placed on the counter, it can be easily removed and I likely do not intend to make it part of the house.

• Personal property and real property are subject to the same general rules about the forms of ownership.

o Personal property generally can be held in present estates (e.g., life estate or leasehold), a __________________ interest (e.g., reversion or remainder), or concurrent interest (e.g., tenancy in common or ________________________ tenancy).

Present estate

• Though "fee simple absolute" does not apply to personal property, one can have the same absolute ownership interest in personal property as one can have in real property.

Example 3: One's suit jacket

• One can have a life estate in personal property.

Example 4: A watch I own that I give to my son for life, with a remainder over to my grandson. There, the son would have a life estate in the watch, just as he could have a life estate in land.

• Personal property can be leased out.

Example 5: Casebooks for rent

Future interests (reversion, remainder, executory interest, possibility of reverter, and right of entry)

• All the above apply to personal property just as they do to real property. • The Rule Against Perpetuities _______________ to personal property just as it does

to real property.

Concurrent interests

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• Interests in joint tenancy and tenancy-in-common are available for personal property just as for real property.

B. Three Methods of Gaining and Losing Ownership in Personal Property

1. Capture of Unowned Property

o Unowned personal property can be acquired through capture. o If you capture a ___________________ animal, you establish an ownership interest in that

wild animal and it becomes your property.

Note 2: Capture gives you ownership over other natural resources, like air, water, and minerals.

o Must establish __________________________ and __________________ over the wild animal

Physically take hold or mortally wound and continue chasing The owner of a wild animal that escapes does not lose ownership if (i) the animal

periodically wanders off and then returns, (ii) the owner is actively attempting to recapture the animal, or (iii) the owner has marked the animal and makes efforts to recapture.

o Trespass

If __________________________ on someone else's land, the capture of a wild animal there does not establish ownership of the animal.

If ___________________ onto the land, the capture will establish ownership of the animal.

Example 6: Friend owns 30 acres of wooded land in central Virginia. He'd like to get rid of skunks on the land. If he invites me to go hunting with him, any skunks that I capture on the land will be mine. If he has not invited me and I'm trespassing on his land, any skunks that I capture on the land will be his, not mine.

o The rule of capture does not apply to _________________________________ animals.

Deer, foxes, and skunks are considered wild, whereas cattle, sheep, and chicken are domesticated.

o The rule of capture does not apply to pets because they have owners and remain the property of the owners even after wandering off.

o One who captures a wild animal in violation of state fish and game laws does not have ownership of that animal.


2. Creation

o Creation of new property makes it my property and it may have the protection of federal copyright or patent law.

o ___________________ protects the creator's property interest in the _____________________ of an idea.

o ______________ protects the creator's property interest in the __________________________ of an idea.

o Property interests in the creation of new property (authorship of a book) is protected under copyright law if three requirements are met:

Work actually __________________ (not a thought or idea for future work); Original work; and The work must be "fixed" in a __________________________ medium of expression.

o If the requirements are met, the copyright is ______________________________; by contrast, a property interest in a product or process that is invented or discovered is not automatically protected by patent law—must apply to the U.S. Patent and Trademark Office.

o Once a work is copyrighted, the protection of federal copyright law lasts for the remainder of owner's lifetime plus __________________ years; if the owner is anonymous or was created for hire (e.g., by an employee for her employer), the protection extends for the shorter of 95 years from publication or 120 years from the creation of the work.

o Once an invention is patented, the protection of patent law ordinarily will last for 20 years.

For applications filed before June 8, 1995, and for patents that were still in force on June 8, 1995, the patent term is the longer of 17 years from the issue date or 20 years from the filing date of the earliest application. For applications filed on or after June 8, 1995, the term is 20 years from the application filing date.

3. Tort of Conversion

o ___________________________ by one person with the ownership or possession of another's personal property

Example 7: A friend leaves town for vacation and asks me to look after her dog while she's gone. I take the dog to my house, spend several weeks with the dog, grow attached to the dog, and refuse to give the dog back when my friend returns. By refusing to return the dog, I have "converted" the dog. My friend sues me in tort for conversion and will prevail.

o Simple conversion does __________________ divest ownership of personal property.

Curve ball—a bona fide purchaser of the property who lacks notice of the conversion can acquire good title if: • The property is money or a negotiable instrument;


• The converter acquired title by ________________________ in the inducement; or • The true owner entrusted the goods to a seller of goods of that kind and the

purchaser is a buyer in the ordinary course of the seller’s business. Curve ball—Personal property may be converted through loss or

_____________________.

• The owner of the property may have an action for recovery of damages but not for return of the property.

Example 8: Friend asks me to watch her dog while she is on vacation. I set it free and it runs wild, never to return. Friend can sue me for ______________________.

She will not get the dog back, as I no longer have it, but she will get ____________ for the loss of the dog.

CHAPTER 2: FINDING PROPERTY, ACCESSION, CONFUSION, ADVERSE POSSESSION

A. Law of Finders

Exam Tip 1: This is a popular subject for testing on the bar exam.

1. General Principles

o Any personal property that has been lost, mislaid (misplaced), or abandoned is property that has or had an owner.

o Lost or mislaid property remains the personal property of the original owner.

The ownership interest of the original owner is not ended.

o Any personal property that has been abandoned _______________________ to be the property of the original owner.

The ownership interest is extinguished by abandonment.

2. Lost Property

o General Rule: A finder of lost property has a right to the lost property that is good against all the world except the __________________________________________.

o Once the original owner is located, the finder must _____________ the property to the original owner.

o Until the original owner is located, the finder has all the rights attributable to an owner: to ________________ and __________ the found property and to exclude others from possessing and using the found property.

o "Curve balls" o The general rule of finders does not apply if the finder is _________________________ on

someone else's property when the trespasser finds something there.


Example 9: A person out walking passes a construction site where a house is being built. The site is clearly marked "No Trespassing." The person trespasses and finds a money clip dropped on the ground. The clip has cash but no ID. It appears that the money clip was accidentally dropped by one of the construction workers. Can the person keep the money clip and the money with rights that are good against all the world except the original owner? _____- The person is a trespasser. The general rule of finders does not apply to trespassers. The rule of finders applies to the person who owns the property where the person is trespassing.

o The general rule of finders does not apply if the person finds the lost property in a ______________________ location where the public is not normally invited.

Example 10: A person is invited to the governor's mansion for a charity event. The person sneaks upstairs to see the governor's private living quarters. In the hallway outside the governor's private study, the person finds a pair of gold cufflinks with engraved initials that don't match the governor's initials. The person assumes the cufflinks were lost by a fellow snooper. Does the person have a possessory right to the cufflinks he found? _______. The person found them in a private location where the public is not normally invited. The governor has the possessory rights to the cufflinks, good against all the world, except the true owner.

o The general rule of finders does not apply if the person finds lost property during the course of employment. The _________________________ has the possessory right to the lost property.

Exam Tip 2: Watch out for the circumstances where lost property is found. Examiners may give a fact pattern that looks like the general rule of finders applies, but a closer look reveals a "curve ball."

3. Mislaid (Misplaced) Property

o _____________________ appears to have been put somewhere on purpose and then forgotten

Example 11: Leaving a wallet on the counter after checking out and paying for item; a cell phone left on a table at a restaurant

o The finder does not have a possessory right to mislaid property that is good against all the world except the true owner.

o The _____________________ of the place where the property was mislaid gets the possessory right that is good against all the world except the true owner.

Example 12: The store gets the wallet; the restaurant gets the cell phone. If the true owner returns to the store or the restaurant, the wallet or phone must be returned to the true owner. In the meantime, the store or the restaurant has


all the rights to the wallet or the phone that a finder of lost property would have.

4. Abandoned Property

o The true owner leaves property somewhere and manifests an intent to give up ownership and possession.

o The owner must (i) have the ________________ to abandon and (ii) must manifest that intent.

Example 13: The night before the weekly trash collection, Owner puts an old chair out on the street to be taken away the next day and puts a sign on it that says “Free Chair.” Owner has ______________________________ the intent to give up ownership and possession of the chair.

Example 14: A person sitting next to Prof. Doran on the subway who carefully leaves her newspaper on the seat as she leaves the train has manifested an intent to abandon the newspaper. At that point, the abandoned property that had a previous owner becomes similar to a wild animal.

o The general rule for abandoned property is that the ______________ person to take possession of the abandoned property becomes the new owner of the property with rights that are good against all the world ______________________________ the previous owner of the property.

Exam Tip 3: If you see an abandoned property issue on the bar exam, look closely for some manifestation of the owner's intent to abandon the property.

5. Rights and Duties of Possessors

o The finder of lost property and the owner of the place where mislaid property is found has a ___________________________ right to the lost or mislaid property that is good against all the world, except the true owner (a quasi-bailee).

o The quasi-bailee has the right to prevent anyone else (except the true owner of the lost or mislaid property) from interfering with her possessory right.

o The quasi-bailee has a _________ to locate the true owner through reasonable means. o The quasi-bailee has a _________ to keep the lost or mislaid property with

________________.

Example 15: A wallet found in the street is lost property. The finder/quasi-bailee has rights good against all the world except the true owner. The quasi-bailee sees $500 cash in the wallet as well as a driver's license with a photo, a name, and an address. The finder has two duties: (i) duty to contact the owner and (ii) duty to keep the wallet, driver's license, and cash with due care.


Example 16: A money clip found in the street with $500 and no ID is lost property. The finder/quasi-bailee's duties are to make __________________ efforts to find the owner and to keep the property with due care.

o In Virginia, the statutory rule is that intangible personal property, including money, that has been lost or mislaid by the true owner will be treated as abandoned property if unclaimed by the true owner after ________________________________ years.

If no such claim is made after five years, the quasi-bailee will be the new owner with rights against all the world, ____________________ the prior owner.

B. Accession

Exam Tip 4: Virginia bar examiners do test on this topic. The critical issue is determining who has rights to personal property once _____________ has been added to it.

• Definition: the application of labor or materials to one person's personal property by another person.

• General rule: If Individual A adds labor and/or materials to Individual B's property, the materials and the value added by the labor become the personal property of __________________________.

Example 17: Plumber fixes a leaky faucet in Homeowner's kitchen, adding a washer. Who owns the washer? ________________________, through the process of accession. Who owns the enhanced value of the faucet? _________________________, through the process of accession.

• Curve ball—When there is uncertainty between two people about who owned an item of personal property, the person who adds substantial value to the personal property will become the owner through accession, as long as that person is an __________________________________________.

Example 18: A farmer grows barley and wheat. Neighbor also grows barley and wheat. By innocent mistake, Neighbor harvests some of Farmer's barley and wheat. Neighbor is a world-class brewmaster who uses Farmer's barley and wheat along with Neighbor's expertise and hard work to produce an outstanding beer. Who owns the beer? ________________ owns the beer through the process of accession. However, Farmer will be able to recover __________________ for the value of his barley and wheat. The key is Neighbor's innocent trespass. Had Neighbor been a willful trespasser, not so. The beer would be Farmer's.


C. Confusion

• "Confusion" occurs in cases when the personal property of different people is ________________ together and it is difficult or impossible to distinguish one person's property from someone else's.

Example 19: Neighbor and Farmer both grow wheat and barley and store the harvested wheat in a common silo, along with several other farmers in the area. Farmer's wheat is indistinguishable from that of other farmers. There is a __________________ of goods, as the goods are mixed together.

• Rules for Confusion

o If you know who contributed the goods and in what proportion, the contributors are _______________________________ owners of the confused goods.

Example 20: Farmer puts in 20% of the wheat, Neighbor puts in 30%. Other farmers put in the remaining 50% of the wheat. Farmer is entitled to 20% of the wheat that comes out of the silo, Neighbor has 30%. Neighbor and Farmer are considered proportionate owners of the confused goods.

o If you do not know the proportion contributed by different contributors and the confusion is __________________, then the contributors share the confused goods ___________________.

o If you do not know the proportion contributed by different contributors and the confusion is not innocent, the person who _______________________ caused the confusion must show his portion; if he cannot show his proportion, the innocent contributors will share the confused goods ___________________ (including the goods put there by the person who wrongfully caused the confusion).

D. Adverse Possession of Personal Property

• General rule: If Person A owns property and Person B takes possession of that property for ______________________________ and under the right circumstances, Person A will lose and Person B will gain ownership of the property.

• Differences in adverse possession rules for real and for personal property:

o In Virginia, the statute of limitations for recovery of personal property that someone else possesses is __________________ years.

A former owner who wishes to recover possession of personal property (e.g., a watch) has __________________ years to bring a lawsuit to recover possession of the watch.

o The __________________-year limitation period also serves as the period for adverse possession of the watch or other personal property.

A former owner who lets the __________________ -year period come and go loses the right to recover the watch.


o An adverse possessor of the watch for the five years becomes the owner of the watch if he has satisfied all the elements of adverse possession, i.e., the possession must have been:

Actual; Open and ___________________________; Hostile and ____________________________ (without permission); Exclusive; and Continuous (throughout the entire five-year statutory period).

o The "open and notorious" element is the single biggest difference.

Example 21: It is difficult to put the owner on notice of possession of personal property, such as a watch. The owner will notice that the watch is missing but may not know who has it. Even if the adverse possessor wears the watch every day, the chances of the owner knowing who the adverse possessor is are very low. So, the law may set a higher standard for adverse possession here. Depending on the type of property and the circumstances, it may be that the adverse possession is not considered open and notorious until the owner __________________________________ (or should discover, using reasonable efforts) who the adverse possessor is OR until the owner makes a ______________________ that the watch be returned.

o Successful adverse possession of ____________________________ property can be much more difficult than that of ____________________ property.

CHAPTER 3: GIFTS, UTMA, JUDICIAL REMEDIES, AND JOINT BANK ACCOUNTS

A. Gifts

1. Definition

o A voluntary and _______________________ transfer of property from one person to another

o "Gratuitous" means the donor receives no consideration from the donee.

Note 3: A promise of a gift is not enough.

Example 22: If I tell my 16-year-old nephew that I will give him my watch on his 17th birthday, I have not made a gift to him. Until the transfer takes place, there is no gift.

2. Inter Vivos Gifts

o Gifts made between _____________________________ persons o Once made, it is _______________________________ o Four elements:

Donative capacity;


Donative intent; __________________________________; and Acceptance.

Exam Tip 5: The VA Bar Examiners have tested on gifts. If given a question on gifts, discuss all four elements needed to establish that a valid gift has been made.

o Donative capacity: donor has the mental capacity to make a gift o Donative intent requires that the donor has the ___________________ intent to make the

gift.

Intent can be conditional or unconditional.

Example 23: Niece graduates from college and is given a gold bracelet by Uncle to mark the occasion. Uncle has the intent to make a gift and the intent is to make a gift outright, with no conditions.

Example 24: Niece becomes engaged to be married. Uncle gives the happy couple a set of crystal wine glasses to mark the occasion of their engagement. Uncle has the intent to make a gift. However, the intent here is conditional. If they break off the engagement, Uncle expects them to return the crystal wine glasses to him. His donative intent is conditional on their going through with the wedding.

o Delivery—transfer of _________________________________

Serves two functions:

• Manifests the donor's _____________________ to make a gift; and • Gives ______________________ over the personal property to the donee.

Four ways to establish delivery of the gift:

• Actual __________________________________ delivery of the property to the done

o If the donor and donee live together, the fact that the property is at their residence does not, in itself, establish that the donor has delivered the property to the donee unless the property is considered personal paraphernalia (e.g., clothes, jewelry, other personal belongings) and is used exclusively by the donee.

• ____________________________________ delivery

o The donor gives up control over the property.

Example 25: A fabulously rich uncle has a vault containing hundreds of bars of gold. He wants to give the gold to Nephew. Actual physical delivery of the vault


is impracticable. He gives Nephew the keys to the vault and tells him that everything inside the vault is Nephew's. He has made constructive delivery.

• Delivery in writing—a written expression of present donative ___________, including a written __________________ of the property and a written identification of the donee.

o Passing the written document to the donee is delivery of the gift.

• Symbolic delivery

Example 26: Uncle gives Nephew a photo of the vault with the door open and the gold bars gleaming inside and tells Nephew, "This is all yours now." This is a symbolic delivery of the gold in the vault.

"Curve balls" on delivery:

• A gift of money made by ________________—Because the check is not the gift, delivery of the check is not delivery of the gift.

o Delivery of the gift is established by delivery of the funds, either through ___________________ the check or depositing the funds into the donee's account.

• A gift of corporate securities—Delivery element is satisfied even if the donor continues to receive _____________________________ on the stock or interest on the bonds.

o Continued receipt by the donor of income on the stock or the bonds does not frustrate the delivery element.

• A gift made through a __________________________—A promissory note given by the donor to the donee with donative intent is just a promise to make a gift in the future.

o Delivery of the promissory note, like delivery of the check, is not delivery of the gift.

o Delivery is satisfied by _____________________ made on the promissory note.

Example 27: Uncle would like to give Nephew $100 on Nephew's 18th birthday, but Uncle is short of funds. Uncle gives Nephew a promissory note to pay him $100 sometime in the future. Though Uncle delivers the promissory note to Nephew with a bow tied around it, the gift of $100 has not been delivered to him. Payment of the $100 is delivery of the gift.

o Acceptance—the law __________________ acceptance of a gift delivered with donative intent.

To frustrate this element, the donee must expressly refuse the gift.


3. Gifts Causa Mortis

o Made in apprehension of the donor’s impending death o ________________________________ at any time until the donor's death o Five elements:

Donative capacity; Donative intent; Delivery; Acceptance; and The donor must be in ____________________________________ of his/her impending

death (i.e., fast approaching)

Exam Tip 6: The VA Bar Examiners like to test on this. If you see a question involving a gift causa mortis, make sure to cover all five elements to establish that there is a valid gift.

o A gift causa mortis is ______________________________ if the donor survives the event or the illness from which the donor anticipated the impending death.

o More specifically, a gift causa mortis can be revoked by (i) an affirmative act of the donor, (ii) the donor’s survival, or (iii) the donee ______________________________ the donor.

Example 28: Father is in a car accident and has sustained bad internal injuries. In the ER, Doctors tell Father and his family to say goodbye. Father doles out his personal property. But Father survives the night. Because the gifts were made in apprehension of Father's impending death and are revocable by him any time before his death, revocation of the gifts is valid.

o Curve ball—A gift causa mortis remains _____________________ even if the donor dies of a cause other than the one she was contemplating at the time of the gift.

Example 29: Donor is told he has only months to live. He gathers family around and makes gifts of his personal property in contemplation of his impending death. That night, while walking the dog, he is distracted, slips and falls, and hits his head on a fire hydrant and dies. The fact that he died from a slip and fall is ____________________. The gifts he made are still valid. He did not revoke the gifts before his death.

o Curve ball—a donor cannot use a gift causa mortis to defeat the claims of _________________.

B. Virginia Uniform Transfers to Minors Act (UTMA)

• Provides for the transfer of personal property from an adult transferor (someone who is 18 or over) to a ______________________________ for the benefit of a minor (someone under the age of 18)


• The transferor must deliver the property to the custodian, who will possess and ________________ the property on behalf of the minor.

• The custodian has authority to invest and manage the property. • The custodian may distribute the property to the minor to the extent the custodian thinks

advisable for the use and benefit of the minor. • The custodian _______ distribute the property to the minor when the minor reaches the age of

18.

o However, if the terms of the original transfer provide for distribution at the age of 21, distribution will not be made until the minor reaches the age of 21.

o If the minor dies before distribution is made, the custodian distributes the property to the minor's estate.

C. Remedies

1. Detinue

An action to recover personal property that someone else took possession of but has refused to ____________________________

Example 30: Homeowner lends a snow shovel to Neighbor. Weeks later, spring has come. The snow is gone and Neighbor refuses to give Homeowner back his shovel. Homeowner could bring an action for detinue.

2. Trespass

An action to recover ______________________________ damages from the loss of possession

3. Trover

An action to recover the _________________________ of the property itself

D. Jointly Held Bank Accounts

• During the lifetimes of the parties to a jointly held bank account, the money in the account belongs to the parties in ______________________________ to how much they have put into the account.

Example 31: My Aunt Edna and I have a joint account. She puts in $100 and I put in $50. The amount in the account grows to $180. She is considered to own $120 and I’m considered as owning $60.

• However, if the parties are married, they own the money in the account ____________________.

• Both the main rule and the exception can be overcome by _________________________________ evidence that the parties to the jointly held bank account intended ownership to be divided up a different way.


CHAPTER 4: LIENS

A. Definition and Categories

1. Definition

o A __________________ that a creditor has on the personal property of another with respect to a debt, an obligation, or a duty that is owed to the creditor

o A lien creates an _________________________________ on the property. o A creditor with a claim over another's personal property is a __________________.The

owner of personal property subject to the lien is a _______________________. o A lien gives the lienor the right to possess and retain the personal property of the lienee. o A lien arises through services the lienor has performed for the lienee that enhance the value

of the property OR because of a ___________ incurred by the lienee with respect to the property.

Example 32: Customer takes his watch to a jeweler's shop for repair. Repair costs $100. The jeweler has a lien against the customer's watch for the $100 repair charge, i.e., the jeweler has a claim against the watch if the customer fails to pay the $100. If Customer defaults on the debt, the jeweler will not return possession of the watch to Customer, and the jeweler's refusal to return possession of the watch would be lawful.

2. Categories

a. General lien

Gives the lienor a claim over the lienee's property for any debt or obligation that the lienee owes to the lienor

Extends beyond any debt or obligation relating to the ______________________________ that is the subject of the lien

b. Special lien

Gives the lienor a claim over the lienee's property only for a debt or obligation relating to that ______________________________ item of property

Example 33: If a bank loans Customer money to buy a car and puts a lien against the car for the loan to buy the car but not for an unrelated business loan, the lien is a __________________ lien. If instead Customer agrees to give the bank a lien against the car for any and all debts owed to the bank, not just the car loan, then it is a ____________________________ lien.

c. Classification consequences

The lienor might release one or more of the lienee's items of personal property from the lien.


If the lien is a general lien and the lienor releases one or more items, any unreleased items of the lienee's property remain ____________________________ to the entire lien.

If the lien is a special lien, and the lienor releases one or more items of the lienee's property, the lien is __________________________ to the extent of the items released.

Example 34: Farmer's creditor has a lien against Farmer's crops and tractor for work Creditor has done on the farm, helping Farmer plant crops and repairing Farmer's tractor. Farmer owes $300 to Creditor for his work in helping to plant the crops and $100 for the repairs to the tractor. Farmer persuades Creditor to release the lien against the tractor. If the lien is a special lien, the release of the lien against the tractor waives the lien as to the tractor. (That part of the debt no longer has a lien associated with it. The lienor cannot look to the crops to satisfy the tractor debt.) If the lien is a general lien, the release of the lien against the tractor does not affect the lienor's right to look to the crops to satisfy the tractor debt. (If Farmer defaults on the tractor debt, Creditor can still take possession of Farmer's crops to satisfy the tractor debt.)

B. Rights of the Lienor

1. General Rule

o Common Law: Any provider of __________________ and services could be a lienor. o Virginia still recognizes the common law lien of any bailee of personal property.

2. Specific Types of Liens

o Innkeeper's Lien—against all personal property a guest has ____________________ to the inn (to insure payment of the guest's bill).

The hotel can ultimately sell the property at an auction and apply the _________________ against the bill.

o Stable, Land, Marina, or Hangar Keeper's Lien—the owner of a stable, land, marina, or hangar has a lien against the animals, boats, or aircraft to protect against nonpayment of charges.

The lien allows the personal property to be sold at auction.

o Mechanic's Lien—to insure payment, a mechanic has a lien against the property he has _________________________ and can sell the property at an auction if payment is not made.

Example 35: Car Owner takes his car to Mechanic for repair. Mechanic does a great job but Car Owner refuses to pay the bill because he thinks it is too high. Mechanic can keep possession of the car until Car Owner pays. If Car Owner does not pay, Mechanic can sell the car at an auction and apply the sales proceeds against the unpaid debt.


o Launderer or Cleaner's Lien—has a lien against clothing, carpet, or fabric for services rendered until the bill is paid.

o Lien on a Motor Vehicle—the lender for a car loan may put a lien on the car to secure repayment; to be effective against other creditors, the lien must be noted on the certificate of ______________________

o Bull, Stallion, or Jackass Lien—owner of an animal contracted out for breeding has a lien against the ________________________ until agreed price is paid.

3. Enforcement of Liens

o Virginia requires a lienor to give three forms of _______________________:

Advertise the time, place, and terms of the auction; 10 days’ notice of the auction to the property owner; and Advance notice to any third person with a ___________________ interest in the

property.

Example 36: Furniture Repairman comes to Owner's home to repair the couch in the living room. Owner refuses to pay for the repair. Repairman wants to sell the couch at auction to satisfy the bill. If the bank that lent Owner money to buy the couch has not yet been paid in full, the bank still has a lien on the couch as well and must be notified in advance of any sale of the couch.

o The value of property determines the auction process.

If the property value is $_____________________ or less, no judicial process is necessary.

If the property value is more than $10,000, but not more than $_____________, the lienor must get the approval of a general district court in the city or county where the property is located.

If the value of the property is more than $25,000, the lienor must get the approval of the ______________________ court in the city or county where the property is located.

o When the property is sold at auction, the lienor may keep sales proceeds up to the amount due.

o Any additional amount must be paid first to any other ________________________ with an unpaid debt or obligation from the lienee, and then to the ____________________.

4. Release of Liens

o Lienee can get lien released (i) by __________ of the court or (ii) by agreement with the lienor.

o By the court—if the lienee has proof that the underlying debt or obligation has been paid or discharged, the lienee can ask the court to release the lien.

Requires ____________________ days’ advance notice to the lienor


o Agreement with the lienor o If the lienee makes payment to the lienor and the property is returned to the lienee, the

lienor is no longer entitled to assert the lien against the property.

CHAPTER 5: BAILMENTS

Exam Tip 7: The VA Bar Examiners love to test bailment issues. They will want you to analyze whether there is a bailment, and if so, what type of bailment it is and what standard of care is due from the bailee.

A. Definition

• The transfer of possession, but not _________________________________ of personal property from one person to another

• Bailor—person who transfers property • Bailee—person who ___________________________ the property • The bailee must _______________________ the property to the bailor at the end of the

bailment.

Example 37: Driver parks her car in a commercial garage with valet parking. Rather than park the car on her own and take the key with her, Driver gives the key to the attendant, who takes the key, gives Driver a claim ticket, and then parks the car in the garage. There is now a bailment between Driver and the garage. Driver is the bailor and the garage is the bailee.

• Virginia law also recognizes a “quasi-bailment” or a “constructive bailment.”

o Occurs when someone comes into possession of chattel (personal property) and exercises _______________ control over it without there having been delivery by the owner and without there having been the permission of the owner

o The quasi-bailment or constructive bailment arises by operation of law, and it is usually treated as a _________________________________ bailment.

o The quasi-bailee or constructive bailee has some responsibility—although not very much—regarding the safekeeping of the property.

B. Elements

• Three elements:

o The bailee must have physical possession of the property and the _____________________ to exercise control over the property;

o The bailee must _________________________ to the bailment; and o The bailee must ________________________ of the personal property.

Example 38: Driver takes car to valet parking garage and give the key to the attendant. There is a bailment as to the car. If a mobile phone is left under the front seat of the car, there is no bailment as to the mobile phone because the


attendant did not know the mobile phone was there. The attendant is responsible for the safekeeping and return of the car, but not of the mobile phone.

• Most bailments are conditional, i.e., they have a specific purpose and a specific scope.

o Some limitations and restrictions on bailment are expressly stipulated between the bailor and the bailee, but they are often ________________ on the basis of custom and normal business dealings.

C. Distinguishing Bailments

• Employer's property—An employee’s use of the employer's property during the course of employment ordinarily does __________________________________ a bailment because the employer never loses control over the property.

• Consignment—is a bailment

o One person transfers property to another for the purpose of _________________ that property

Example 39: C wants to sell his wool overcoat. He takes it to a consignment shop and gives it to the shopkeeper. The shopkeeper will display the coat in the shop and offer it for sale. At that point, the shopkeeper and C have created a bailment. C has not transferred ownership of the coat. The shopkeeper has not purchased the coat. The shopkeeper has possession of the coat. If the coat does not sell, the shopkeeper will return the coat to C.

• Sale—a transfer of ownership

o A bailment is a transfer of possession _______________________ the transfer of ownership.

Example 40: W takes his watch to a jeweler for repair. W and the jeweler agree that in 10 days’ time, the jeweler will return the watch to W. This is a bailment because the jeweler has an obligation to return the item W transferred to him.

Example 41: W takes his watch to a jeweler for repair. W and the jeweler agree that in 10 days’ time, the jeweler will return either W's watch or another watch of equal value. This is a sale because the jeweler has an option to return either the item W transferred or the value of that item.

Exam Tip 8: The key to distinguishing between a bailment and a sale is whether the exact item must be returned.

o Risk of loss—If the arrangement is a bailment, the risk of loss (in the absence of fault by the bailee) stays with the _________________. If the arrangement is a sale, the risk of loss is on the ____________________.


D. Special Forms of Bailment

• Valet parking lots create a bailment; self-serve parking lots do not. • Renting a safe deposit box from a bank is a bailment.

o Renter is bailor; bank is _____________________

• Innkeepers—Innkeepers are not bailees over the property of their guests, but Virginia law has a statutory scheme about innkeeper liability.

o The innkeeper must take ________________ precautions to protect the property of the guests.

o The innkeeper’s liability is capped at $________ for any property lost from a room occupied by the guest.

o The innkeeper is not liable in any amount for the loss of jewelry, money, or like valuables unless they are ______________________ in the hotel’s office, provided the hotel has posted a notice to that effect.

o The innkeeper is not liable for any property taken from a room if the guest has failed to lock the doors and windows.

o If the loss is the result of a fire or some other overwhelming disaster, the innkeeper’s liability is limited to $250, unless the fire or disaster is the result of the innkeeper’s _________________.

o None of these limitations applies if the guest’s property was taken by the innkeeper’s employee or agent of the innkeeper.

E. Bailee Standard of Care

• The bailee has an obligation to exercise care while in possession of the property. • The standard of care depends on the type of bailment.

Exam Tip 9: The VA Bar Examiners like to test this. To answer whether the bailee is liable for any damage to the bailed property, you need to identify the type of bailment involved and the standard of care that goes with that type of bailment.

• Bailment solely for the benefit of the bailor—the bailee is held to a standard of _______________ diligence.

o A bailment is solely for the bailor's benefit when the bailee is not _______________________ by the bailor.

Example 42: P is standing outside a coffee shop when someone with a dog on a leash comes up to him and asks if he'll hold onto the leash for a few minutes while she goes inside to get coffee. P agrees. They have created a bailment—one solely for the benefit of the bailor. Therefore, P's standard of care is slight diligence.


o Slight diligence—the bailee is liable for a loss to the property if he acts with _____________ negligence.

Example 43: P gets impatient while the dog owner is inside the coffee shop. P wraps the leash loosely around the base of a parking meter and walks away. In seconds, the dog runs off and is never found. P has acted with gross negligence.

• Bailment for the mutual benefit of the bailor and the bailee—the bailee is held to a standard of ____________________________________ care.

o The bailee will be liable for loss or damage to the bailed property resulting from the bailee's _________________________________________.

Example 44: W takes his watch to the jeweler for repair and will pay the jeweler for the service. The jeweler is held to a standard of ordinary care.

o A mutual benefit exists in most commercial bailments.

• Bailment solely for the benefit of the bailee—the bailee is held to a standard care of ___________ diligence; the bailee will be liable for loss or damage resulting from the bailee's ________________ negligence.

Example 45: B borrows Neighbor's ladder. Neighbor has given possession, not ownership, so there is a bailment, but one solely for B's benefit. B will be liable for loss or damage to the ladder from B's slight negligence.

• Bailee strictly liable for loss or damage to the bailed goods

o If the bailee uses the bailed goods for some purpose outside the ______________________ of the bailment, the bailee becomes strictly liable to the bailor for any loss or damage.

Example 46: If the valet parking attendant decides to use a bailed car to run some errands around the city, the attendant will be strictly liable to car owner for any loss or damage to the car.

o If the bailee _____________ the property from the agreed place of storage, the bailee becomes strictly liable.

Example 47: W takes his watch to the jeweler for repair. The jeweler assures W that the watch will never leave the shop until W picks it up. Then the jeweler decides to take the watch home to finish up repairs there. At that point, the jeweler is taking on absolute liability for any loss or damage to W's watch.

o A bailee who agrees to return the bailed property in ______________________ the condition it was in at the start of the bailment is absolutely liable for a failure to do so.

Example 48: S takes his shirts to the cleaners and when he picks them up there are buttons missing and torn collars. Cleaner is strictly liable for the harm to the


shirts if the cleaner agreed to return the shirts to S in the condition they were in when S dropped them off.

o A failure to return the property also includes a mis-delivery of the property.

Example 49: S arranges for a cleaner to pick up his shirts, launder them, and then drop them off at his house. The first two steps go well. The cleaner picks up the shirts and launders them. But the third step goes awry. Instead of delivering the shirts to S's house, the cleaner delivers them to a house two streets over. The owner of that house is pleased with the new shirts and doesn't tell either the cleaner or S about the problem. The cleaner is strictly liable to S for the failure to return his shirts.

o The bailee will be excused from the delivery requirement without any liability if (i) the bailee ___________ the bailed property from the bailor, (ii) the bailee is notified that a third party has bought the bailed property from the bailor, (iii) the bailed property is taken from the bailor by ___________ order, or (iv) someone else establishes a superior right to the bailed property and demands possession.

Note 4: Apart from specific cases of strict liability, the bailee is not an ______________ of the bailed property. Apart from specific cases of strict liability, the bailee is responsible only for loss or damage that results from the bailee's gross, ordinary, or slight negligence, depending on the standard of care, the type of bailment. Earthquakes, wars, and pestilence are beyond the control of the bailee and the bailee will not be liable for damage that results from those causes.

• Measure of damages

o If the bailed property is completely lost or destroyed, the measure of damages is the ________________________ value of the bailed property at the time of the loss or destruction.

o If the bailed property is damaged but not completely lost or destroyed, the measure of damages is the difference between the fair market value of the bailed property in its ___________________________________ state and its actual value in the damaged state.

CHAPTER 6: BAILMENTS, CONT.

A. Rights and Liabilities of the Bailor and the Bailee

1. Bailee's Rights in Bailed Property

o Right of _____________________________________ o The bailee's right of possession during the term of the bailment is

________________________ against all the world, unless the terms of the bailment provide otherwise.


o The bailee can bring an action against __________ other person who interferes with the right of possession, including the bailor.

Example 50: O takes his watch to the jewelry store for repair. The jeweler tells O that the watch will be ready in one week. The jeweler and O have agreed to a one-week bailment. Two days later, the jeweler's friend is in the jewelry store, sees the watch, and decides that he'd like to have it. He takes it from the store. The friend has interfered with the jeweler's right of possession. The jeweler can bring a cause of action against the friend to recover the watch, even though the jeweler is not the owner of the watch. The jeweler does not have title to the watch, just the right of possession during the bailment term. But that right of possession is exclusive and she can sue to protect it.

o The bailee's right of possession trumps the right of any creditors of the bailor.

The creditors’ rights are no greater than the rights of the ______________ to the property.

• Because the bailee's right of possession trumps the bailor's right of possession, the bailee's right of possession trumps the bailor’s creditors' right of possession.

Example 51: The jeweler is holding O's watch in the one-week bailment. One of O's creditors comes to the jewelry store and says he has a lien against the watch for an unpaid bill on earlier repairs that he made on the watch. The jeweler will tell him to come back in a week, when the bailment ends. Until the bailment ends, the jeweler has the exclusive right of possession.

2. Bailor's Rights in the Bailed Property

o The bailor can bring an action against the bailee if the bailee returns the property in ____________________________________ condition.

Example 52: If the jeweler is careless and drops O's watch on the floor and breaks it, O has a cause of action against the jeweler.

o Because the bailor does not have a current right to possess the bailed goods during the bailment term, the bailor cannot sue a third party during the term of the bailment on the theory that the third party has interfered with the ______________ current right of possession. That action (interference with the current right of possession) can only be brought by the ______________.

After the bailment has ended, the bailor can sue a third party on the theory that the third party has interfered with the _________________________ current right of possession because the bailor again has the present right of possession.

During the term of the bailment, the bailor can sue a third party on the theory of an interference with the bailor's _______________________ right of possession.


Example 53: O bails his watch with the jeweler for one week. The friend takes the watch from the store. O tells the jeweler to sue the friend to get the watch back. The jeweler will not sue the friend. What are O's options as bailor? O can wait until bailment has ended and sue the jeweler for failure to return the watch. O can wait until the end of the bailment and sue the jeweler's friend for interference with O's current right of possession. O can immediately sue the jeweler's friend for interference with future right of possession. O cannot sue either the jeweler or the friend during the bailment for interference with O's current right of possession because only the jeweler has the current right of possession during the bailment.

3. Bailor's Causes of Action against the Bailee

o Conversion—if the bailee failed to return the bailed item for whatever reason

Can seek return of the watch itself—a _____________________ action Can seek _________________ for return of the watch—either a trover (if seeking the

value of the watch) or _____________________ action (if seeking payment for losses incurred by not having possession of the watch)

o Negligence o Breach of ______________________________ (bailment agreement)

4. Bailor's Liability

The bailor ______________ liable if the bailee does something with the bailed property that causes harm to a third party.

Example 54: If the parking attendant carelessly causes harm with the bailed car to a third party's car, the bailor is not liable to the third party for the harm done to the third party's car.

5. Bailee's Liability

o Public policy frowns on a bailee's attempt to _____________________ or limit liability. o Waivers and limitations are not necessarily void but will be strictly

_______________________ against the bailee.

______________________ are more vulnerable than limitations of liability.

Example 55: The jeweler's attempt to waive all liability for any harm to the watch during the term of the bailment will likely be unsuccessful because jewelers are in the business of taking care of watches and public policy will usually prevent a disclaimer of any liability.

o A bailee may limit his liability as long as (i) the bailor knew or should have known of the limitation at the time the bailment was created and (ii) the bailor __________ to the limitation.


o Signs limiting liability that are posted in certain businesses—a prominent sign puts the bailor on notice about the limitation and handing the good to the bailee signifies the bailor's agreement to that limitation

B. Compensation

• Typically, a bailment for the benefit of __________________ the bailor and the bailee will provide compensation to the bailee; normally, set by agreement.

Example 56: When O bails his car at the garage or his sport coat at the dry cleaners, O compensates the bailee by paying the amount that the garage or dry cleaners normally charges its customers.

• No legal obligation to compensate the bailee for a bailment if the bailment is solely for the benefit of either the bailor or the bailee.

Example 57: The person who asked C to watch her dog while she went into the coffee shop has entered into a gratuitous bailment with C. The bailment is solely for the person's benefit. No rule of law says C must be paid.

Example 58: If the person offered to bring C a coffee in exchange for his watching her dog, they would have then entered into a bailment for the mutual benefit of the bailor and the bailee.

• In the case of a compensated bailment, the ordinary and customary expenses incurred by the bailee fall to the _____________________________.

Example 59: When C enters into a bailment with the parking garage, the parking garage will incur various expenses in parking the car, e.g., paying the attendant's wages.

• _______________________________ expenses incurred by the bailee can be charged to the bailor.

Example 60: While C's car is in the attended parking garage, the old transmission in the car fails. The garage must call a tow truck to move the car at the end of the bailment. That extraordinary expense can be charged to C as the bailor.

C. Actions by the Bailee

• The bailee's right to possession of the bailed property is __________________________ to all the world, even that of the bailor.

• If the bailor interferes with the bailee's possession of the bailed property, the bailor has committed the tort of ____________________________ and the bailee can recover against the bailor for that.

• The bailee has a cause of action against any third party who interferes with the bailee's right of possession.


o If in suing the third party, the bailee recovers more than the value of the bailee's interest in the bailed property, the excess must go to the ____________________________.

Example 61: O bails his watch with a jeweler. The jeweler's friend takes the watch from the jewelry store. The jeweler sues the friend and recovers $100, the full fair market value of the watch. The jeweler (bailee) is not entitled to keep the entire $100 because he did not have ownership of the watch. The jeweler can keep only the portion of the $100 that represents the jeweler's right of possession for the term of the bailment. The remainder must go to O (the bailor) of the watch.

D. Defects in Bailed Property

• In a ____________________________________ bailment, the bailor is obligated to inform the bailee of any defects in the bailed property that the bailor knows or should know of.

• In a ______________________________________ bailment, the bailor must inform the bailee of any known defects but not of any unknown defects that the bailor should have known about.

E. Terminating a Bailment

• Bailments are generally terminated by ______________________________. • Can be terminated by one party giving notice of termination • Can be terminated by the loss or destruction of the bailed property

CHAPTER 7: REVIEW

A. Real Property v. Personal Property

• Real property is __________________________________ property. • Personal property is _________________________________ property. • Curve balls:

o Leases; o Vegetation; and o Fixtures.

• Personal property can be owned in any of the estates and interests that apply to land (e.g., present, future, and concurrent interests).

B. Three Ways Ownership of Personal Property can be Established or Lost

• ________________________ a wild animal or other natural resource that was previously unowned

o Physical capture or mortal wounding with continued pursuit o Does not apply to domesticated animals or pets

• Creating new property


o Protections of federal copyright and patent law

• Tort of ________________________________________

C. Finding Lost, Mislaid, or Abandoned Property

1. General Rules

o Lost property—the finder has a right to lost property good against all the world except the true owner

o Mislaid property—the owner of the place where the mislaid property is __________________ has a right to the mislaid property good against all the world except the true owner

o Abandoned property—the person who first takes possession of it becomes the new owner

2. Curve Balls for Lost Property

The rule of finders does not apply if:

o The finder is _______________________________ on the place where the property is found;

o The finder finds the lost property in a place where the public is not normally invited; or o The lost property is found during the course of the finder’s

____________________________.

3. Quasi-Bailee

o Has the right to prevent anyone else, except the true owner, from interfering with her possession of the found property

o Duty to locate the true owner through ______________________________ means o Duty to keep the property with due care

D. Accession

• Any materials or labor added by one person to the property of a second person will become the property of the second person.

• Curve ball—if there is a dispute as to who owns the underlying personal property, if one person adds substantial value to the property and was an _________________________ trespasser, that person will become the owner of the underlying property and the materials and labor added to it.

E. Confusion

• If the contributors know who contributed the goods and in what ___________________________, the contributors are all considered proportionate owners of the confused goods.


• If the contributors do not know the proportions contributed by the different contributors and the confusion is innocent, the contributors share the confused goods __________________________.

• If the contributors do not know the proportions contributed by the different contributors and the confusion is not innocent, the person who wrongfully caused the confusion must show his or her portion; if he cannot, the innocent contributors share the confused goods ____________________.

F. Adverse Possession of Personal Property

• One person must possess the personal property of another person for _________________ years, with the possession being:

o Actual; o Open and notorious (can be difficult to satisfy); o Hostile and adverse; o Exclusive; and o Continuous.

G. Gifts

1. Inter Vivos

o Elements:

Donative capacity; Donative ____________________________; Delivery; and Acceptance.

o Delivery can be:

Actual physical; __________________________________; In writing; or Symbolic.

2. Gifts Causa Mortis

o Requires the same elements as an inter vivos gift, but in addition requires that the gift be made in apprehension of the donor’s impending death

o Remains ____________________________ until the donor’s death

H. UTMA

• Permits a transferor to transfer personal property to a custodian who holds, manages, and invests the property for the benefit of a minor


• The custodian must distribute the property to the minor when the minor turns 18 or, if provided in the original transfer, when the minor turns 21.

I. Remedies

• ______________________—an action to recover property that someone else is holding onto • Trespass—an action to recover damages incurred because the owner does not have possession

of his or her property • Trover—an action to recover damages equal to the value of the property itself

J. Jointly Held Bank Accounts

• General rule—the money belongs to the parties in ________________________________ to how much they put into the account

• If the parties are married, they own the money equally. • Both rules can be overcome by clear and convincing evidence that the parties intended for the

property to be divided in some other way.

K. Liens

• A claim that a creditor has over the personal property of another with respect to a debt, obligation, or duty owed to the creditor

• General lien—a lienor’s claim to the property of the lienee for any and all debts and obligations that the lienee owes to the lienor

• Special lien—a lienor’s claim over property of the lienee only for a debt or obligation related to that _______________________________ item of property

• Statutory liens—permit the lienor to sell the lienee’s property at auction after a specified period of time

o Innkeeper’s lien o Stable, marina, and hanger keeper’s lien o ___________________________________ lien o Launderers and cleaner’s lien o Motor vehicle lien o Bull, stallion, or jackass lien

• Notice must be provided for a sale at auction to the public, the lienee, and any other lienor with respect to the property.

• Court approval in advance of the auction depends on the ____________________ of the property.

• Release of a lien can be by court order or agreement between the lienor and the lienee.

L. Bailments

• Definition—the transfer of personal property by one person to another person to hold for a defined period


• Transfers _____________________________________, but not title or ownership • Three elements:

o The bailee must have physical possession of the property and the intent exercise control over it;

o The bailee must agree to the bailment; and o The bailee must know of the personal property that is subject to the bailment.

• An employee’s use of the employer’s property usually is not a bailment. • A _________________________________________ is a bailment. • A bailment is distinct from a sale—watch for whether the person with possession has an

obligation to return the specific item of property. • A parking garage is a bailee if the car key is turned over to the attendant. • A bank safe deposit box is a bailment. • Innkeeper liability:

o An innkeeper must take reasonable precautions to protect the property of the hotel’s guests.

o Liability is generally capped at $300 for property taken from a room occupied by a guest.

• Standard of care:

o A bailment for the sole benefit of the bailor—the bailee is held to a standard of ____________ diligence; the bailee is only liable for loss or damages resulting from gross negligence.

o A bailment for the mutual benefit of the bailor and bailee—the bailee has a duty of __________________________; the bailee is liable for loss or damages resulting from ordinary negligence.

o A bailment for the sole benefit of the bailee—the bailee is held to a standard of ____________ diligence; the bailee is liable for loss or damages resulting from slight negligence.

• Strict liability:

o The bailee uses the property outside the scope of the bailment; o The bailee removes the property from the place where the property was to be kept; or o The bailee fails to return the bailed property in the condition it was in at the start of the

bailment.

• Rights of the bailee:

o Right of ________________________________________ o Can bring a cause of action against any person, including the bailor, who interferes with the

bailee’s right of possession o Superior to the rights of the bailor’s creditors


• Rights of the bailor:

o No right of possession o Can sue the bailee for damage to the property if the bailee fails to meet the applicable

standard of care o Can sue the bailee for failure to return the property at the end of the bailment o Can sue third parties who convert the property

• The bailor’s causes of action against the bailee:

o _________________________________________; o Negligence; and o Breach of contract.

• The bailor is NOT liable for how the bailee uses the property during the term of the bailment, even if it causes harm to a third party.

• Waivers and limitations of liability:

o Outright waivers are usually not respected by VA courts. o Limitations may be respected if the bailee can show (i) the bailor knew or should have

known of the limitation and (ii) the bailor agreed to the limitation.

• Compensated bailment—the bailee can look to the bailor for _____________________________________ expenses, but not for ordinary and customary ones.

• The bailee can sue the bailor or a third party for interference with the right of possession. • Defects that the bailor knows or should know about must be disclosed to the bailee in a

compensated bailment, but not in a gratuitous one. • Bailments are terminated by:

o Agreement; o Notice; or o Loss or destruction of the bailed property.

GOOD LUCK!

[END OF HANDOUT]

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