Question 1

What is an abatement?

Accepted Answer

A) the power of the government to take private property for public use 
B) an order requiring a homeowner to eliminate a nuisance 
C) a process under which the original tenant transfers all of his rights and duties to a new tenant 
D) the duty to keep losses at a minimum 
A) the power of the government to take private property for public use 
B) an order requiring a homeowner to eliminate a nuisance 
C) a process under which the original tenant transfers all of his rights and duties to a new tenant 
D) the duty to keep losses at a minimum

Question 2

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 3

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 that was in the dining room were to be included in the sale or whether they 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 that was sold. Define "fixtures," identify the tests used to determine whether an item is a fixture, and 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 4

Stephen wants to give his niece, Dawn, a piece of jewelry as a gift. Stephen gives Tracy, his agent, the bracelet to take to Dawn. The delivery element of making a gift has been completed.

Accepted Answer

A) True 
 B)False

Question 5

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 6

​If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

Accepted Answer

A) ​The customer is liable because he didn't watch where he was going. 
B) ​The landlord alone is liable for not maintaining the property. 
C) ​The tenant alone is liable for not informing the landlord of the defective carpet and getting it repaired. 
D) ​The landlord and the tenant are probably both liable. 
A) ​The customer is liable because he didn't watch where he was going. 
B) ​The landlord alone is liable for not maintaining the property. 
C) ​The tenant alone is liable for not informing the landlord of the defective carpet and getting it repaired. 
D) ​The landlord and the tenant are probably both liable.

Question 7

Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of a

Accepted Answer

A) tenancy in kind. 
B) tenancy at will. 
C) concurrent estate. 
D) shared estate. 
A) tenancy in kind. 
B) tenancy at will. 
C) concurrent estate. 
D) shared estate.

Question 8

Bruce tells his son, "You can have my 1990 truck, but if your grades fall, I'm taking it back." Bruce

Accepted Answer

A) has made no gift. 
B) has made a "revocable gift," which is effective as a gift as long as the stated condition is met. 
C) intended to transfer ownership. 
D) has made a constructive gift. 
A) has made no gift. 
B) has made a "revocable gift," which is effective as a gift as long as the stated condition is met. 
C) intended to transfer ownership. 
D) has made a constructive gift.

Question 9

Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.

Accepted Answer

A) True 
 B)False

Question 10

Lacy set her textbook under her chair in her business law class and then forgot to take it with her when she left the classroom. A janitor later discovered the textbook and gave 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 11

​Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.

Accepted Answer

A) True 
 B)False

Question 12

A bailment is different from a gift because

Accepted Answer

A) a gift requires consideration, but a bailment does not. 
B) a gift requires delivery, but a bailment does not. 
C) in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee. 
D) a gift is always a contract, but a bailment is generally not a contract. 
A) a gift requires consideration, but a bailment does not. 
B) a gift requires delivery, but a bailment does not. 
C) in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee. 
D) a gift is always a contract, but a bailment is generally not a contract.

Question 13

Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate, and Maxie has a remainder.

Accepted Answer

A) True 
 B)False

Question 14

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 15

In which of the following scenarios has a gift been made?

Accepted Answer

A) Alice takes her vacuum cleaner to the repair shop to be fixed. The owner tells her he won't be able to get to the repair for two weeks. "OK," says Alice. "Keep it until then and then go ahead with the repair." 
B) Tim knows that Noah likes his collection of Spiderman comics. He tells Noah, "Even though my comics are worth $500, you can have them for $100." Noah agrees and pays Tim the reduced price. 
C) Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket. 
D) Edith tells her friend, Mateo, that he may have her antique Victrola record player after she passes away. Mateo gratefully thanks Edith for her kindness. 
A) Alice takes her vacuum cleaner to the repair shop to be fixed. The owner tells her he won't be able to get to the repair for two weeks. "OK," says Alice. "Keep it until then and then go ahead with the repair." 
B) Tim knows that Noah likes his collection of Spiderman comics. He tells Noah, "Even though my comics are worth $500, you can have them for $100." Noah agrees and pays Tim the reduced price. 
C) Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket. 
D) Edith tells her friend, Mateo, that he may have her antique Victrola record player after she passes away. Mateo gratefully thanks Edith for her kindness.

Question 16

A bailment was created for the parties' mutual benefit. This means that the bailee must use ordinary care with the property.

Accepted Answer

A) True 
 B)False

Question 17

The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action.

Accepted Answer

The city has the power of eminent domain

Question 18

The landlord's first important duty to a tenant is to

Accepted Answer

A) deliver possession. 
B) maintain premises. 
C) pay the security deposit. 
D) provide eminent domain. 
A) deliver possession. 
B) maintain premises. 
C) pay the security deposit. 
D) provide eminent domain.

Exam 25: Property

What is an abatement?

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.

Stephen wants to give his niece, Dawn, a piece of jewelry as a gift. Stephen gives Tracy, his agent, the bracelet to take to Dawn. The delivery element of making a gift has been completed.

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?

​If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of a

Bruce tells his son, "You can have my 1990 truck, but if your grades fall, I'm taking it back." Bruce

Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.

Lacy set her textbook under her chair in her business law class and then forgot to take it with her when she left the classroom. A janitor later discovered the textbook and gave it to the Dean of the Business College. In this situation,

​Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.

A bailment is different from a gift because

Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate, and Maxie has a remainder.

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.

In which of the following scenarios has a gift been made?

A bailment was created for the parties' mutual benefit. This means that the bailee must use ordinary care with the property.

The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action.

The landlord's first important duty to a tenant is to

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If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.