Question 1

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:

Accepted Answer

A)  bailor benefit bailment. 
B)  bailee benefit bailment. 
C)  mutual benefit bailment. 
D)  leasehold arrangement. 
A)  bailor benefit bailment. 
B)  bailee benefit bailment. 
C)  mutual benefit bailment. 
D)  leasehold arrangement. C

Question 2

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Accepted Answer

The tenant's basic duties under a landlord-tenant relationship are the following: pay the rent and any other sums required under the terms of the lease agreement (i.e.security deposit,utilities,insurance,repairs,taxes);use the premises for a proper purpose;and to not damage the premises.A tenant also has basic tort duties of care for the rented premises.
The landlord's basic duties under a landlord-tenant relationship include: the duty to deliver possession of the premises at the beginning of the tenancy;duty to provide quiet enjoyment of the premises;duty to maintain the premises according the lease terms and building codes;duty to maintain the premises in a habitable condition;duty to timely return the security deposit or provide the tenant with an accounting of the security deposit;and basic tort duties of care.

Question 3

Ollie leased a building in Old Town.Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building.Upon expiration of the lease,Ollie intends to remove the washer and dryer,but not the furnace.The washer and dryer can easily be removed without harming anything.Removal of the furnace,however,will damage the building.Are the washer,dryer,and furnace fixtures?

Accepted Answer

A)  The washer, dryer, and furnace are all fixtures. 
B)  The furnace is a fixture, but the washer and dryer are not. 
C)  The washer and dryer are fixtures, but the furnace is not. 
D)  The furnace and the washer are fixtures, but the dryer is not. 
A)  The washer, dryer, and furnace are all fixtures. 
B)  The furnace is a fixture, but the washer and dryer are not. 
C)  The washer and dryer are fixtures, but the furnace is not. 
D)  The furnace and the washer are fixtures, but the dryer is not. B

Question 4

Sandra and Joe own a hobby farm as tenants in common.They also own a vacation home as joint tenants.What is the difference between the tenancy in common and joint tenancy?

Accepted Answer

The primary difference between these two

Question 5

A bailee always has a right:

Accepted Answer

A)  to possession of the bailed property. Anyone who interferes with this right is liable to the bailee. 
B)  to use the bailed property. 
C)  to compensation. 
D)  All of the answers are correct. 
A)  to possession of the bailed property. Anyone who interferes with this right is liable to the bailee. 
B)  to use the bailed property. 
C)  to compensation. 
D)  All of the answers are correct.

Question 6

The Rameys are selling their home.They did not set forth in the sales agreement whether the washer and dryer,the draperies,and a cherry corner cabinet which was in the dining room were to be included in the sale or whether the sellers were planning to take these items with them.The buyers are claiming these items are fixtures and should stay with the house.The Rameys are claiming they are movable goods and they should not be part of the real estate which was sold.Define "fixtures." Explain whether you think each of the contested items is a fixture and why or why not.

Accepted Answer

Fixtures are goods that have become so a

Question 7

Amber purchased a fee simple absolute in a unit in a multi-unit apartment building.She belongs to an association which manages the common areas.Amber's interest is:

Accepted Answer

A)  ownership in a condominium. 
B)  ownership of a share in a cooperative. 
C)  community property with the other apartment owners. 
D)  a tenancy by the entirety with the other apartment owners. 
A)  ownership in a condominium. 
B)  ownership of a share in a cooperative. 
C)  community property with the other apartment owners. 
D)  a tenancy by the entirety with the other apartment owners.

Question 8

Grandpa owns a farm.In a signed writing,Grandpa gave Sue the irrevocable right to use a road on his farm so that Sue could more easily reach her own property.What kind of interest in land did Grandpa give to Sue?

Accepted Answer

A)  Grant easement. 
B)  Profit. 
C)  Easement by reservation. 
D)  License. 
A)  Grant easement. 
B)  Profit. 
C)  Easement by reservation. 
D)  License.

Question 9

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:

Accepted Answer

A)  a testamentary gift. 
B)  an inter vivos gift. 
C)  an absolute gift. 
D)  a gift causa mortis. 
E)  Both (c) and (d). 
A)  a testamentary gift. 
B)  an inter vivos gift. 
C)  an absolute gift. 
D)  a gift causa mortis. 
E)  Both (c) and (d).

Question 10

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

Accepted Answer

A) True 
 B)False

Question 11

The modern trend with regard to landlord liability for tenant injuries is:

Accepted Answer

A)  to hold landlords liable under the normal rule of negligence. 
B)  that a landlord must use reasonable care to maintain safe premises. 
C)  that a landlord is liable for foreseeable harm to the tenant. 
D)  All of the above are correct. 
A)  to hold landlords liable under the normal rule of negligence. 
B)  that a landlord must use reasonable care to maintain safe premises. 
C)  that a landlord is liable for foreseeable harm to the tenant. 
D)  All of the above are correct.

Question 12

All Appliances,Inc.installed a built-in dishwasher in Greta's house and Greta intends that it remain with the house.The dishwasher is a fixture.

Accepted Answer

A) True 
 B)False

Question 13

Terry,who owns an eight-unit apartment building,has had complaints about the noise coming from the frequent parties in Unit 6.Terry,without going through any court procedures,changes the locks on that apartment while the tenants are gone so they no longer have access to the unit.Meanwhile,the tenants in Unit 1 inform Terry that their bathroom and kitchen are unusable because some pipes have frozen.After no action by Terry,the tenants in Unit 1 move out of the apartment.In these cases,the tenants in:

Accepted Answer

A)  Units 1 and 6 have been actually evicted. 
B)  Units 1 and 6 have been constructively evicted. 
C)  Unit 1 were constructively evicted, and the tenants in Unit 6 were actually evicted. 
D)  Unit 1 were actually evicted, and the tenants in Unit 6 were constructively evicted. 
E)  neither unit were evicted, actually or constructively, but are subject to a tenancy at sufferance. 
A)  Units 1 and 6 have been actually evicted. 
B)  Units 1 and 6 have been constructively evicted. 
C)  Unit 1 were constructively evicted, and the tenants in Unit 6 were actually evicted. 
D)  Unit 1 were actually evicted, and the tenants in Unit 6 were constructively evicted. 
E)  neither unit were evicted, actually or constructively, but are subject to a tenancy at sufferance.

Question 14

Jody loaned her neighbor,Phil,her snow blower.Phil set it near his driveway,and later accidentally ran over and destroyed it.In a suit to recover damages,Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

Accepted Answer

A) True 
 B)False

Question 15

Personal property means all property other than:

Accepted Answer

A)  soil, plants, and trees removed from the land. 
B)  minerals and crops removed from the land. 
C)  land and all things permanently attached to the land. 
D)  intangible property. 
A)  soil, plants, and trees removed from the land. 
B)  minerals and crops removed from the land. 
C)  land and all things permanently attached to the land. 
D)  intangible property.

Question 16

Marvin conveys his estate,Wildwood,to his friend,Larry,a good faith purchaser,on Monday.Larry records the deed on Tuesday.On Friday Marvin executes a deed conveying the identical property,Wildwood,to Paula who knows nothing of the prior conveyance to Larry.Who owns Wildwood? What are the purposes of recording statutes and how do they work?

Accepted Answer

Larry owns the land.Recording the deed m

Question 17

Wearever Builders constructs new houses in the Oak Grove subdivision. Unless it expressly gives a warranty to buyers, Wearever does not guarantee the adequacy of materials and good workmanship in its new houses.

Accepted Answer

A) True 
 B)False

Question 18

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

Accepted Answer

A)  the college is a constructive bailee, obligated to return the textbook to Lacy, and until it does, it is liable for harm to the property. 
B)  the college is a bailee by agreement because holding items in a lost and found box is generally part of the college-student agreement when the student enrolls for classes. 
C)  the college is responsible for the discovered textbook because in this situation, the college is subject to implied warranties unless the college has disclaimed such warranties in the student handbook. 
D)  this is a bailment for the sole benefit of the bailee. 
A)  the college is a constructive bailee, obligated to return the textbook to Lacy, and until it does, it is liable for harm to the property. 
B)  the college is a bailee by agreement because holding items in a lost and found box is generally part of the college-student agreement when the student enrolls for classes. 
C)  the college is responsible for the discovered textbook because in this situation, the college is subject to implied warranties unless the college has disclaimed such warranties in the student handbook. 
D)  this is a bailment for the sole benefit of the bailee.

Question 19

Chet rents an apartment for the school year from September through May.This is a periodic tenancy,which terminates automatically when the agreed period ends.

Accepted Answer

A) True 
 B)False

Question 20

Whether or not the zoning board will grant a request for a variance depends upon the:

Accepted Answer

A)  type of the proposed building. 
B)  reaction of the neighbors. 
C)  reason the owner claims she is harmed by the zoning ordinance. 
D)  All of the above. 
A)  type of the proposed building. 
B)  reaction of the neighbors. 
C)  reason the owner claims she is harmed by the zoning ordinance. 
D)  All of the above.

Exam 24: Property

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Sandra and Joe own a hobby farm as tenants in common.They also own a vacation home as joint tenants.What is the difference between the tenancy in common and joint tenancy?

A bailee always has a right:

Amber purchased a fee simple absolute in a unit in a multi-unit apartment building.She belongs to an association which manages the common areas.Amber's interest is:

Grandpa owns a farm.In a signed writing,Grandpa gave Sue the irrevocable right to use a road on his farm so that Sue could more easily reach her own property.What kind of interest in land did Grandpa give to Sue?

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

The modern trend with regard to landlord liability for tenant injuries is:

All Appliances,Inc.installed a built-in dishwasher in Greta's house and Greta intends that it remain with the house.The dishwasher is a fixture.

Jody loaned her neighbor,Phil,her snow blower.Phil set it near his driveway,and later accidentally ran over and destroyed it.In a suit to recover damages,Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

Personal property means all property other than:

Wearever Builders constructs new houses in the Oak Grove subdivision. Unless it expressly gives a warranty to buyers, Wearever does not guarantee the adequacy of materials and good workmanship in its new houses.

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

Chet rents an apartment for the school year from September through May.This is a periodic tenancy,which terminates automatically when the agreed period ends.

Whether or not the zoning board will grant a request for a variance depends upon the:

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