Deck 17: Introduction to Property Law

Question 1

What is the term "choses in action" synonymous with in law?

A) tangible property
B) pledged property
C) intangible property
D) non portable items

Answer 1

C

Question 2

What is most likely to result if a bailment is without reward and for the benefit of the person possessing the property?

A) The bailor's standard of care will be low.
B) The bailee's standard of care will be low.
C) The bailor's standard of care will be very high.
D) The bailee's standard of care will be very high.

Answer 2

D

Question 3

Which of the following describes one of the key roles of property law?

A) to establish who may own personal property
B) to determine what counts as property and can thus be owned
C) to ensure property can be inherited
D) to provide guidelines for the exercise of the constitutional right to protect property

Answer 3

B

Question 4

Which of the following would be the result of a commercial customer's limited means of monitoring a storage facility's treatment of the property given to it for storage?

A) Liability is excluded completely or limited to a very small amount.
B) The bailee must provide consent for storage at an alternative location.
C) The law imposes a high level of accountability for the treatment of the bailor's property.
D) The law imposes a high level of accountability for the treatment of the bailee's property.

Question 5

Which of the following is an example of a bailment?

A) transportation of personal property
B) purchase of personal property
C) a right of access to service an oil well
D) depositing a car at a garage for servicing

Question 6

Remmie owns the associated rights to property,the buildings,and everything affixed to them located on that property,and the property itself.How is this particular asset likely to be classified?

A) as chattel property
B) as intangible property
C) as real property
D) as tangible property

Question 7

In what way is Aboriginal title unique compared to other forms of land ownership?

A) It includes the right to enjoy and manage.
B) It is collectively held.
C) It can be used to grant security interests.
D) It imposes a duty to exercise reasonable care.

Question 8

Which of the following describes a right of a carrier in the event a customer fails to pay for the transport?

A) the right to sell the customer's property
B) the right to impose a common law lien
C) the right to punitive damages
D) the right to liquidated damages

Question 9

Which of the following is an example of a legal duty or obligation that is typically associated with the ownership of land?

A) duty to encumber
B) duty to develop
C) obligation to pay tax
D) obligation to remove squatters

Question 10

Which of the following would constitute a form of real property?

A) a growing crop
B) a holiday trailer
C) a patent
D) furniture

Question 11

Which statement best characterizes the nature of most commercial bailment situations?

A) The bailee is liable for latent defects.
B) The standard of care is very high.
C) They typically benefit both the bailor and bailee.
D) The standard of care is very low.

Question 12

What is the most significant aspect of a bailment contract?

A) It provides remedies for the failure to perform obligations.
B) It reduces serious defects affecting contractual formation or performance.
C) It limits the liability that common law rules of bailment create.
D) It avoids legal complications for damage or loss of bailed property.

Question 13

Which of the following is an example of intangible property?

A) Aboriginal title
B) mineral rights
C) a car
D) a patent

Question 14

What is the focus of the standard of care required of a gratuitous bailor?

A) A bailor must take utmost care to protect the bailed goods.
B) Proof of ownership must be provided.
C) It must be determined whether the bailor or bailee is receiving the benefit of the bailment.
D) It will depend on the common law strict liability rules.

Question 15

What feature distinguishes bailment from a contract of purchase and sale?

A) Most commercial contracts are bailments,requiring payment for use of property.
B) Most bailments are gratuitous,requiring no payment for use of property.
C) A bailor retains ownership upon transfer of possession to the bailee.
D) A bailment is typically short term,while contracts cover a longer term.

Question 16

Under what circumstances do the rights and responsibilities relating to a storage bailment apply?

A) when standard charge terms limit liability
B) when the property has been returned in the same condition as delivered
C) when the bailor retains possession of the keys
D) when the arrangement meets the definition of a bailment

Question 17

Which of the following is NOT a feature of 'Aboriginal title'?

A) the right to decide how land will be used
B) the right to the economic benefits of the land
C) the right to sell the land
D) the right to proactively use and manage the land

Question 18

What is an attractive way for a business to acquire the use of equipment for a specified period of time?

A) through a bailment contract
B) through a possessory lien
C) through a lease
D) through an easement

Question 19

What should be included in the standard form contract in order for a lessor to maximize its ability to minimize its exposure for damage caused to a leased vehicle in the lessee's possession?

A) a benefit of relationship clause to ensure reciprocal benefit to the lessor
B) the bailee identified as the party to be paid in the event of loss for insurance
C) an ordinary diligence exclusion clause to limit liability for ordinary neglect
D) the bailor named as the party to be paid in the event of loss for insurance

Question 20

Which statement best describes an innkeeper's common law liability for guest property?

A) They have total control and therefore complete liability.
B) They must take great care and are responsible for theft or loss.
C) They are only responsible for losses caused by the innkeeper's staff.
D) They are only liable for gross negligence.

Question 21

How is ownership of intellectual property acquired?

A) through creation,licence,or transfer
B) through purchase,manufacture,or trading
C) through creation,registration,or purchase
D) through licence,manufacture,or transfer

Question 22

Serena found a silver bracelet in the washroom of a hotel.Assuming the bracelet was accidentally left by its owner,which of the following best describes the rights of the parties to the necklace?

A) The hotel has greater rights to the bracelet than Serena.
B) Serena has greater rights to the necklace than the original owner.
C) The original owner has greater rights to the necklace than Serena and the hotel.
D) The hotel has greater rights to the necklace than the original owner.

Question 23

What is a defining characteristic of a lease?

A) a lease confers ownership
B) a lease confers a temporary right to possess
C) a lease confers the right to sell
D) a lease confers the right to use the property as security for a loan

Question 24

What is a difference between a warehouseman's lien and a carrier's lien?

A) Warehousemen represent themselves to the public as storekeepers for reward.
B) Warehousemen have a common law lien right with the right to sell property.
C) Common carrier contracts are typically covered by federal legislation.
D) Common carriers have a common law lien right without the right to sell property.

Question 25

Which of the following is most prominent in bailment transactions?

A) proof and protection of ownership
B) preservation of economic value
C) transfer of risk
D) retention of risk

Question 26

How does Canadian law provide for the protection of personal property?

A) by application of the Charter of Rights and Freedoms
B) by application of statutes and common law principles
C) through the Constitution Act,1867
D) by application of common law principles

Question 27

The owner of Goodfood Grocers has agreed to allow the Goodfood Grocer name to be used by the owner of a grocery store in a neighbouring city.What legal device should Goodfood Grocers use to give effect this right ?

A) licence
B) trust
C) lease
D) easement

Question 28

What are the implications of Tsilhqot'in Nation v British Columbia,2014 SCC 44,for resource extraction and other intrusions such as pipelines on Crown lands that have been exclusively and continuously occupied by Indigenous peoples?

A) Resource development is no longer possible on such lands.
B) The Crown may continue to develop resources on such lands provided it shares revenues with potential aboriginal title holders.
C) Intention to develop such lands will trigger a duty to consult.
D) There is no impact unless the Indigenous peoples are able to establish aboriginal title

Question 29

Shawna received a factory recall notice from her GM dealership.She accepted the dealership's offer to drive her to work when she brings the car in for the service recall.What will be the certain result when Shawna hands the dealership her car keys?

A) An agreement on price for the service will be created in advance.
B) An incidental storage bailment will be created.
C) A very high standard of care will be expected.
D) The dealership will lose the right to retain property for payment.

Question 30

What term describes the acquisition of ownership of land by occupying land owned by someone else?

A) inadvertent ownership
B) adverse possession
C) lien
D) security interest

Question 31

Colleen booked two weeks' lodging with a bed and breakfast beginning on June 30.What is the legal term used to describe the individual who takes the booking?

A) lodgekeeper
B) hostelry
C) innkeeper
D) hotelier

Question 32

Which of the following would NOT constitute property?

A) insurance policy
B) lease
C) right of citizenship
D) accounts receivable

Question 33

What is a characteristic of a carrier bailment arrangement where possession of the goods rests with the bailee?

A) the right to sell property on non payment
B) the owner is required to prove fault
C) a presumption of carrier's liability
D) an agreed value of any ensuring repairs

Question 34

Which of the following exemplifies possession without ownership?

A) granting a trademark registration to an applicant
B) granting a licence for use of a bio waste technology
C) registering a transfer of a freehold interest in land
D) registering a company's truck under its business name

Question 35

What legal mechanism might be used to facilitate the management of a pension fund by administrators on behalf of the plan members?

A) a trust
B) an easement
C) an endorsement
D) a bailment

Question 36

Why is a short term lease or rental of property an attractive way for a business to acquire the use of equipment for a particular task or period of time?

A) A lease protects creditors whether the arrangement is contractual or not.
B) A lease is a form of sale and is covered by the large number of terms implied through legislation governing the sale of goods
C) It makes little sense to purchase something that is not needed for a long period,unless,of course,the rental charges approach the cost of buying.
D) The lessee must take reasonable care of the property while that property is in its possession and return it in the state that would be expected

Question 37

Which of the following might be used to transfer the right to use a particular method of manufacturing light bulbs?

A) a bailment
B) a security interest
C) a patent
D) a licence

Question 38

Which statement best reflects the approach taken by the courts when determining if something counts as property?

A) If something counts as 'property',it has the same features common to all property.
B) Only items that have monetary value may be counted as property.
C) Only tangible items count as property.
D) Something may count as property for one purpose but not another.

Question 39

What is the most significant effect of the responsibility of the standard of care placed on carriers with respect to the property they carry?

A) Defences relate mainly to events within a carrier's control.
B) A bailor is required to prove fault.
C) Defences mainly relate to the circumstances of the carrier.
D) Carrier liability for mishaps is severely limited.

Question 40

What is a distinguishing characteristic the liability of common carriers?

A) The owner of property damaged while in the carrier's possession must prove fault.
B) Carriers have the right to sell the owner's property for failure to pay.
C) It is presumed the carrier is at fault if property is lost or damaged in their possession.
D) Carriers cannot limit their liability by contract.

Question 41

The practical distinction that exists between carriers and innkeepers relates to the carrier's shared control over the property entrusted to it and the innkeeper's total control over the property of its guests,acquired through their occupancy of rooms.

Question 42

In Canada,most ownership or custodianship rights associated with bodies of water are vested in the Crown.

Question 43

Jordan's RV Storage business would be required to exercise a higher degree of care toward a holiday trailer owned by one of its paying customers than would someone who permits a friend to store a holiday trailer on his land free of charge.

Question 44

All property,other than land and what is attached to land,that can be identified by its mobility is known as personal property.

Question 45

A lease is a form of real property.

Question 46

Marcella delivered her suits to the drycleaners and arranged for them to be available for pickup three days later.In this bailment for value,Marcella is a bailor and the drycleaner is a bailee.

Question 47

Normally the rights associated with the ownership of property also include the right to dispose of the property or transfer the property.

Question 48

An insurance policy is an example of tangible property.

Question 49

A warehouseman's general responsibility toward its customers' property is to treat it as a skilled storekeeper would deal with its own property,which imposes a standard of reasonableness encompassing responsibility for most foreseeable risks.

Question 50

In contractual bailments,bailors warrant that the goods used by their bailees are fit for the purpose for which they are bailed.

Question 51

According to property law principles,all tangible materials are capable of being owned.

Question 52

A key aspect of a bailment contract is often the limitation of the liability that the common law rules of bailment create.

Question 53

Ownership can be acquired by taking possession of abandoned personal property.

Question 54

WeMove4U Inc.is a transport company that operates in Alberta and Saskatchewan.The company has recently adopted a new standard charge agreement that severely limits its liability in the event of mishap with bailed property.By pointing out this clause to its customers,WeMove4U is shifting the burden for damage or loss to the bailor,who should purchase adequate insurance coverage.

Question 55

The rental of a vehicle is an example of bailment.

Question 56

The duty to consult is triggered by the existence of treaty rights.

Question 57

There is no comprehensive system for registering ownership of personal property as there is with real property.

Question 58

Aboriginal title arises out of the prior occupation or possession of lands by Indigenous peoples.

Question 59

Ross sold his house and went travelling for two months.While he was away,he placed his furniture and other belongings in storage with Kitt's Storage Inc.In these circumstances,Ross is a bailee and Kitt's is a bailor.

Question 60

Tangible property is composed of personal property,the value of which comes from legal rights.

Question 61

What are the defining characteristics of Aboriginal title?

Question 62

Briefly describe the obligations that are typically associated with the ownership of real property.

Question 63

How is personal property categorized and what are the key features of these categories?

Question 64

Are property rights human rights?

Question 65

Describe bailment and discuss its key issues.

Question 66

Why is the issue of privatizing fresh water supplies controversial?