Question 1

Jane had two teenage sons.Her husband died when the boys were ages 14 and 16.She met Jack, who had a son and daughter by his first marriage.He was divorced from both a first and a second wife.Jane and Jack decided to marry.Once married, they bought a house as co-owners.Which of the following is true with regard to co-ownership?

Accepted Answer

A) If Jane and Jack took the property as joint tenants and Jane decides that she does not want the "right of survivorship," she cannot change that type of ownership without Jack's permission. 
B) Even under joint tenancy, when one dies, the other will face inheritance taxes and probate fees. 
C) If Jane and Jack co-own the property as joint tenants, Jane could control what happens to her share upon her death through a well-crafted will. 
D) A joint tenancy cannot be severed by one party selling his or her interest. 
E) If it is a joint tenancy and no changes are made, if Jane dies first then Jack gets the whole property.

Question 2

The bailee is not liable for damage done to goods while in his or her possession.

Accepted Answer

A) True 
 B)False

Question 3

Joe was a customer in Sam's store when he carelessly dropped a very expensive vase, but he was relieved when he found that Sam had insurance to cover the loss.Explain Joe's legal position in these circumstances.

Accepted Answer

The answer of Joe was a customer in Sam's store...

Question 4

If I grant my grandma a life estate and she asks about her rights and duties as a life tenant, which of the following is true?

Accepted Answer

A) If I make no indication of who the property is to go to when she dies, the property reverts back to my estate. 
B) The life tenant, after 20 years, can establish an easement interest in the property. 
C) The life tenant is not responsible to make repairs to keep the property in good condition, only the fee simple owner has that responsibility. 
D) Grandma, as life tenant, holds a reversion interest in the property. 
E) The life tenant can transfer the fee simple to someone in her will.

Question 5

The private right to sue for private nuisance was reinforced with the Supreme Court of Canada decision in St.Lawrence Cement Inc.v.Barrette in Quebec. Which of the following is incorrect related to this case?

Accepted Answer

A) The court gave a broader definition to neighbour, giving all of the people affected the right of action. 
B) The common law doctrine of nuisance would have led to a different decision. 
C) This action went forward as a class action, allowing the burden of bringing action to be spread much more widely. 
D) As a result of this case, private nuisance is a much more effective tool. 
E) St.Lawrence Cement Inc.was found liable.

Question 6

A periodic lease means:

Accepted Answer

A) A lease in which the parties agree to no set termination date but to the rental period being automatically renewed 
B) A term lease 
C) A lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission 
D) A tenancy created when an owner of property allows a purchaser to take possession before title transfers to him 
E) A lease granting the lessee exclusive possession for one year

Question 7

What is meant by the term bailment?

Accepted Answer

The answer of What is meant by the term bailment?...

Question 8

For the purposes of vicarious liability and authority to contract, an insurance broker can still be considered an agent of the insurer when it appears to the insured that the broker represents the insurance company.

Accepted Answer

A) True 
 B)False

Question 9

What is an insurance premium?

Accepted Answer

The answer of What is an insurance premium?...

Question 10

Distinguish between a tenancy in common and a joint tenancy.

Accepted Answer

The answer of Distinguish between a tenancy in common and...

Question 11

People living on rivers in Canada are entitled to have the water come to them in undiminished quality and quantity.This is an expression of what kind of rights?

Accepted Answer

A) Natural law 
B) Riparian rights 
C) Real property rights 
D) Strict liability rights 
E) Environmental rights

Question 12

Joe verbally agreed with his landlord to a two-year lease for an office, and then only five months later, the property was sold to somebody else.The new owners immediately gave Joe three months to vacate the premises.Explain his legal rights under these circumstances.

Accepted Answer

The answer of Joe verbally agreed with his landlord to...

Question 13

Environmental legislation is not concerned with which of the following?

Accepted Answer

A) Consumer protection 
B) Pollution of the environment 
C) Depletion of natural resources 
D) Disposal of dangerous products and chemicals 
E) Contamination of the waterways

Question 14

Joe borrowed his neighbour Sam's lawn mower.At the same time, Sam asked Joe to look after a valuable camera for him while he was on vacation.Explain in relation to which of these items Joe has a higher duty to be careful.

Accepted Answer

The answer of Joe borrowed his neighbour Sam's lawn mower.At...

Question 15

Which of the following is false with regard to mortgages on land?

Accepted Answer

A) The right to foreclose is a remedy from the court of equity that allowed the mortgagee the right to end the mortgagor's equitable right to redeem the property after default. 
B) If the borrower (the mortgagor) is paying and otherwise honouring the terms of the mortgage, he is entitled to no interference with his use of the property by the mortgagee. 
C) The courts of equity have given the borrower (mortgagor) the right to redeem his property even after default if he makes the appropriate payments. 
D) A mortgage is a contract between a lender and a borrower that provides that the borrower not only gives the lender his promise to pay but also grants the lender title to his real property to hold as security. 
E) A second or third mortgagee is not affected if the first mortgagee obtains an order of foreclosure.

Question 16

With regard to real property law, which one of the following is true?

Accepted Answer

A) An interest in land less than an estate (e.g., an easement) gives its owner exclusive possession of that property for some period of time. 
B) Allowing a power, water, or sewer line to permanently cross over or under one property to service another is an example of a right of way. 
C) If a father cuts his family out of his will and leaves the property to someone else, there is no legal recourse for the family (i.e., the property is his to dispose of entirely as he wishes). 
D) A property owner's land extends vertically only as far as the owner can make use of it. 
E) A life estate is an interest in land that necessarily ends when the life of the grantor ends.

Question 17

What is meant by a chattel?

Accepted Answer

The answer of What is meant by a chattel?...

Question 18

The separation or division of joint ownership is referred to as severance.

Accepted Answer

A) True 
 B)False

Question 19

Once it has paid out on the loss, an insurance company can step into the shoes of the insured and pursue a claim against the person who caused the loss.

Accepted Answer

A) True 
 B)False

Question 20

Explain what is used as security in a mortgage transaction.

Accepted Answer

The answer of Explain what is used as security in...

Exam 8: Property

The bailee is not liable for damage done to goods while in his or her possession.

Joe was a customer in Sam's store when he carelessly dropped a very expensive vase, but he was relieved when he found that Sam had insurance to cover the loss.Explain Joe's legal position in these circumstances.

If I grant my grandma a life estate and she asks about her rights and duties as a life tenant, which of the following is true?

The private right to sue for private nuisance was reinforced with the Supreme Court of Canada decision in St.Lawrence Cement Inc.v.Barrette in Quebec. Which of the following is incorrect related to this case?

A periodic lease means:

What is meant by the term bailment?

For the purposes of vicarious liability and authority to contract, an insurance broker can still be considered an agent of the insurer when it appears to the insured that the broker represents the insurance company.

What is an insurance premium?

Distinguish between a tenancy in common and a joint tenancy.

People living on rivers in Canada are entitled to have the water come to them in undiminished quality and quantity.This is an expression of what kind of rights?

Joe verbally agreed with his landlord to a two-year lease for an office, and then only five months later, the property was sold to somebody else.The new owners immediately gave Joe three months to vacate the premises.Explain his legal rights under these circumstances.

Environmental legislation is not concerned with which of the following?

Joe borrowed his neighbour Sam's lawn mower.At the same time, Sam asked Joe to look after a valuable camera for him while he was on vacation.Explain in relation to which of these items Joe has a higher duty to be careful.

Which of the following is false with regard to mortgages on land?

With regard to real property law, which one of the following is true?

What is meant by a chattel?

The separation or division of joint ownership is referred to as severance.

Once it has paid out on the loss, an insurance company can step into the shoes of the insured and pursue a claim against the person who caused the loss.

Explain what is used as security in a mortgage transaction.