1. a. Define and distinguish tangible and intangible property.

b. Define and distinguish real and personal property.

c. Define and give three examples of a fixture.

Read and be prepared to orally brief and discuss New England Telephone and Telegraph Co. v. City ofFranklin. (see attached).

d. What factors did the court consider in determining that the equipment and poles were not fixtures?

e. What facts would have to change for the court to consider them as fixtures?

f. Answer the questions posed at the end of the case:

(1) Critical Thinking Questions: When should personal property become a fixture? What criteria should be used in the determination?

2. a. Explain the ways to transfer title to personal property.

b. Explain the three elements of a valid gift

c. Explain the difference in the law's treatment of abandoned property, lost property, and mislaid property.

Read and be prepared to orally brief and discuss O'Fallon v. O'Fallon (see attached file)..

d. What are the three essential elements of a valid gift? Which element is being challenged here?

e. Was there any delivery of the property by the donor to the donee?

f. Did the court find that there was a valid gift? Why?

g. Answer the question posed at the end of the case:

(1) Critical Thinking Question: When should the making of a gift be considered complete?

3. With respect to property insurance claims, explain:

a. the different types of fires

b. co-insurance clauses

c. other insurance clauses

d. insurable interest

e. valued and open policies

4. Compare the defenses of:

a. misrepresentation

b. breach of warranty

c. concealment

d. waiver

e. estoppel