A) allows the government to acquire private property for public use. B) allows a private citizen to sue his neighbors for nuisance. C) instructs private citizens to ensure reasonable security of their premises. D) prohibits discrimination in housing on the basis of race or disabilities. A) allows the government to acquire private property for public use. B) allows a private citizen to sue his neighbors for nuisance. C) instructs private citizens to ensure reasonable security of their premises. D) prohibits discrimination in housing on the basis of race or disabilities.

Exam 24: Real Property

Explore all topics

Amber Blue owns a small hotel of the "bed & breakfast" variety. Hunter Greene, a tenant at Blue's bed & breakfast, sustained severe physical injuries when an intruder broke into Greene's room and attacked him with a baseball bat. The intruder neither was an employee of Blue's nor otherwise had any connection with the bed & breakfast. Green filed a tort action against Blue in an effort to collect damages for the medical expenses, lost earnings, and pain and suffering he experienced as a result of the intruder's attack. Greene argued that owners of commercial property such as a bed & breakfast are liable, as a matter of law, whenever guests are injured while on the premises. Blue argued that such property owners cannot be held liable when the guest's injuries were directly (and criminally) inflicted by a third-party attacker. Evaluate the arguments made, respectively, by Greene and Blue. Explain your supporting reasoning.

Free

(Essay)

4.9/5

(38)

Question 1

Correct Answer:

Verified

Each party's argument inaccurately summarizes the law in this area. Contrary to Greene's assertion, owners of commercial property are not liable as a matter of law every time persons legitimately on the premises are injured. Instead, such property owners are liable only when they were negligent, i.e., when their failure to use reasonable care was at least a substantial factor in the causation of the plaintiff's injuries. Contrary to Blue's assertion, property owners may sometimes be held liable on negligence grounds even when the harm experienced by a person legitimately on the premises was directly inflicted by a third-party criminal. If the property owner failed to use reasonable care (such as by failing to take reasonable security precautions against foreseeable criminal acts), the property owner may face liability to the injured person, assuming that the third party's criminal act was foreseeable and that the property owner's failure to use reasonable care was a substantial factor in the causation of the plaintiff's injuries.

In order to create an easement by prescription a person must, in addition to fulfilling other requirements, have:

Free

(Multiple Choice)

4.8/5

(33)

Question 2

Correct Answer:

Verified

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death?

Free

(Multiple Choice)

4.7/5

(30)

Question 3

Correct Answer:

Verified

An exclusive right to sell listing means that a broker receives a commission on a sale of the property even if the seller found the buyer.

(True/False)

4.7/5

(40)

Question 4

Sally seeks to list her home with Barry, a real estate broker. Sally and Barry agree that Barry will receive a commission if the home sells within 90 days, regardless of who actually causes the sale of the property. Sally and Barry have a(n):

(Multiple Choice)

4.7/5

(32)

Question 5

Which of the following is a true statement about easements?

(Multiple Choice)

4.8/5

(39)

Question 6

Scrooge's property contains a restrictive covenant that allows only residential use of the land to his inheritors. Over the years, all the adjoining areas of land have become industrial areas. Scrooge's great-grandson, the present owner of his land, wants to set up a small manufacturing unit there. Will he be able to do so?

(Multiple Choice)

4.9/5

(36)

Question 7

Which of the following typically characterizes community property?

(Multiple Choice)

4.8/5

(42)

Question 8

Alex has executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed. This deed is called a warranty deed.

(True/False)

4.8/5

(31)

Question 9

Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable?

(Multiple Choice)

4.8/5

(39)

Question 10

Which of the following characterizes a tenancy in common?

(Multiple Choice)

5.0/5

(45)

Question 11

A broker operating under a(n) _____ contract is entitled to a commission only if he was the first to find a ready, willing, and able buyer.

(Multiple Choice)

4.7/5

(32)

Question 12

When taxes assessed on real property are not paid when due, they become a(n) _____ on the land.

(Multiple Choice)

4.8/5

(30)

Question 13

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

(True/False)

4.8/5

(39)

Question 14

Which of the following is true of a joint tenancy?

(Multiple Choice)

4.8/5

(38)

Question 15

Eminent domain:

(Multiple Choice)

4.9/5

(37)

Question 16

Which of the following are frequently used to cure technical defects in the chain of title to property?

(Multiple Choice)

4.9/5

(34)

Question 17

Courts have become increasingly inclined, in recent years, to hold that owners of commercial property owe persons lawfully on the property a duty to take reasonable steps to protect them against the foreseeable criminal acts of third parties.

(True/False)

4.8/5

(44)

Question 18

Which of the following is a history of what the public records show regarding the passage of title to, and other interests in, a parcel of real property?

(Multiple Choice)

4.8/5

(40)

Question 19

Adams issues license of his land to Crowe for planting flower trees only. He makes it clear to Crowe in the deed that he may not take undue advantage of the license by using it for commercial purposes. However, after a few days, Adams realizes that Crowe has made a profit by selling flowers, without his knowledge. Can Adams recover the amount which Crowe collected from sale?

(Multiple Choice)

4.9/5

(36)

Question 20

Showing 1 - 20 of 60

Exam 24: Real Property

In order to create an easement by prescription a person must, in addition to fulfilling other requirements, have:

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death?

An exclusive right to sell listing means that a broker receives a commission on a sale of the property even if the seller found the buyer.

Sally seeks to list her home with Barry, a real estate broker. Sally and Barry agree that Barry will receive a commission if the home sells within 90 days, regardless of who actually causes the sale of the property. Sally and Barry have a(n):

Which of the following is a true statement about easements?

Which of the following typically characterizes community property?

Alex has executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed. This deed is called a warranty deed.

Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable?

Which of the following characterizes a tenancy in common?

A broker operating under a(n) _____ contract is entitled to a commission only if he was the first to find a ready, willing, and able buyer.

When taxes assessed on real property are not paid when due, they become a(n) _____ on the land.

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

Which of the following is true of a joint tenancy?

Eminent domain:

Which of the following are frequently used to cure technical defects in the chain of title to property?

Courts have become increasingly inclined, in recent years, to hold that owners of commercial property owe persons lawfully on the property a duty to take reasonable steps to protect them against the foreseeable criminal acts of third parties.

Which of the following is a history of what the public records show regarding the passage of title to, and other interests in, a parcel of real property?

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Crimes

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business Andformation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, Limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Agencies

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

Filters