Question 1

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

Accepted Answer

The modern trend with regard to landlord liability for tenant injuries is a combination of all three choices. Landlords can be held liable under the normal rule of negligence, meaning they have a duty to exercise reasonable care in maintaining safe premises. Additionally, they are also held liable for foreseeable harm to the tenant, meaning they must take steps to prevent reasonably foreseeable injuries to their tenants. Therefore, all of the choices are correct.

Question 2

Marshall,fearing death from severe injuries from a fall at work,assigned a certificate of deposit worth $20,000 to his co-worker and friend,Keith,who gladly accepts.Marshall recovers from the injuries.Why must Keith give the certificate of deposit back to Marshall?
A) This is an inter vivos gift because Marshall was still alive when the gift was made. Any inter vivos gift is revocable because there is no consideration to make delivery of the property binding under contract law.
B) This type of gift is a gift causa mortis. It is a conditional gift which is conditioned on Marshall's actually dying. Because Marshall recovered, the gift is automatically revoked.
C) This is an ordinary gift, but it is revocable because we don't know if the certificate of deposit has matured or not.
D) This is an inter vivos gift and due to state laws, gifts in contemplation of death must be written into a valid will or otherwise the deceased's assets will be distributed according to state statute.

Accepted Answer

The gift in this scenario is a gift causa mortis, which is a conditional gift that is conditioned on a certain event, in this case, Marshall's death. However, since Marshall recovered from his injuries, the condition was not met, and the gift is automatically revoked.

Question 3

Curt tells his son,"You can have my 1997 truck,but if your grades fall,I'm taking it back." Curt:
A) has made a constructive gift.
B) has made a "revocable gift," which is effective as a gift as long as the stated condition is met.
C) has made a conditional gift.
D) has made no gift.

Accepted Answer

The answer of Curt tells his son,"You can have my...

Question 4

Jack leases an apartment from Sam.The term of the lease was six months,beginning January 1 and ending on June 31.On July 1,Jack was still in the apartment against Sam's wishes.As of July 1,Jack's tenancy is a:
A) periodic tenancy.
B) tenancy at sufferance.
C) tenancy at will.
D) tenancy for years.

Accepted Answer

Jack is in the apartment without Sam's permission, which means he is considered a holdover tenant. This type of tenancy is known as a tenancy at sufferance, which occurs when a tenant stays in the rental property after the lease has expired without the landlord's consent.

Question 5

A bailee always has a right:
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.

Accepted Answer

A bailee has the right to possession of the bailed property, and interference with this right can result in liability. The other rights depend on the terms of the bailment agreement.

Question 6

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:
A) a testamentary gift.
B) an inter vivos gift.
C) an absolute gift.
D) a gift causa mortis.
E) Both (c) and (d).

Accepted Answer

Luther giving his great-grandfather's pocket watch to his nurse because he expected to die soon is a classic example of a gift causa mortis, which is a gift made in anticipation of an impending death. This type of gift is conditional and revocable until the donor dies, at which time it becomes absolute.

Question 7

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

Accepted Answer

All of the above factors are considered by the zoning board when deciding whether or not to grant a variance.

Question 8

A bailment differs from a gift because:
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.

Accepted Answer

In a bailment, the possession of the property is transferred to the bailee for a specific purpose, while the ownership remains with the bailor. In a gift, both possession and ownership must pass to the donee without any consideration. Therefore, a bailment differs from a gift in that only possession of the property is transferred, while ownership remains intact.

Question 9

The warranty of habitability provides:
A) the landlord may keep a tenant's security deposit for damages.
B) a landlord must meet all standards set by the local building code.
C) a tenant must not disturb other tenants.
D) a tenant cannot leave the premises before the end of the lease term but can be granted an abatement of the rent if there is a substantial defect.

Accepted Answer

The warranty of habitability requires landlords to provide tenants with a residence that meets basic standards set by local building codes. This includes ensuring the property is safe, clean, and free from environmental hazards. Failure to meet these standards can result in legal action by the tenant. The other options (A, C, and D) are not related to the warranty of habitability.

Question 10

Bertha,from Chicago,traveled to San Francisco to attend a conference.Her sister,Martha,lives in San Francisco and consequently,Bertha made arrangements to spend a couple of days with her sister.The next morning sitting at the breakfast table,Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue).Luckily,Martha wears the same size of shoes and lends Bertha a pair of black leather pumps.During the day,the shoes are damaged while Bertha is wearing the shoes.Bertha's duty of care would be a duty of:
A) extraordinary care, because this is a bailment for the sole benefit of the bailee.
B) ordinary care.
C) only slight care, because this is a bailment for the sole benefit of the bailor.
D) None of the above are correct.

Accepted Answer

This is a bailment for the sole benefit of the bailee (Bertha), so she must exercise extraordinary care to protect the shoes.

Question 11

Personal property means all property other than:
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.

Accepted Answer

The answer of Personal property means all property other than:
A)...

Question 12

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:
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.

Accepted Answer

The tenants in Unit 1 were constructively evicted because the apartment became uninhabitable due to frozen pipes, and Terry did not address the issue. The tenants in Unit 6 were actually evicted because Terry changed the locks, preventing them from accessing their apartment.

Question 13

In order to constitute a valid gift:
A) the donor must intend to transfer ownership of property immediately.
B) the donee must accept the gift.
C) the donor must deliver the gift property to the donee.
D) All of the above are necessary for a valid gift.

Accepted Answer

In order for a gift to be valid, all three things mentioned in options A, B and C, must be present. The donor must have the intention to transfer ownership of the property immediately, the donee must accept the gift, and the donor must deliver the gift property to the donee. If any of these elements are missing, the gift would not be considered valid.

Question 14

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the:
A) mortgagee.
B) mortgagor.
C) profitor.
D) profitee.

Accepted Answer

The bank who lends money and receives a mortgage on the borrower's property as security is known as the mortgagee. The borrower who provides the mortgage is known as the mortgagor. Therefore, option A is the correct answer. Options C and D are not relevant to the concept of mortgages.

Question 15

The purpose of recording a deed or other real estate transaction is to:
A) establish the rights between the grantor and the grantee.
B) assure the grantee that a transfer of real property is now complete.
C) establish the type of deed granted (i. e. warranty deed, special warranty deed, or quitclaim deed).
D) put the rest of the world on notice that the transaction occurred between the grantor and the grantee.

Accepted Answer

Recording the deed puts the rest of the world on notice of the transaction, which is important for establishing ownership and preventing any future disputes or claims on the property. It does not necessarily establish the rights between the grantor and the grantee or the type of deed granted, and while it can assure the grantee of the transfer, this is not the primary purpose of recording.

Question 16

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:
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.

Accepted Answer

The answer of Lacy sets her textbook under her chair...

Question 17

A lease for six months starting on June 1,2010,would be a:
A) tenancy for years.
B) periodic tenancy.
C) tenancy at will.
D) tenancy at sufferance.

Accepted Answer

A tenancy for years is a lease agreement for a fixed period of time, which in this case is six months starting on June 1, 2010. It is different from a periodic tenancy, which is a lease agreement that automatically renews at the end of each period (such as month-to-month) until one party gives notice to terminate. A tenancy at will is a lease agreement that can be terminated by either party at any time, while a tenancy at sufferance is a situation where a tenant remains in possession of the property after the lease has expired or been terminated.

Question 18

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:
A) bailor benefit bailment.
B) bailee benefit bailment.
C) mutual benefit bailment.
D) leasehold arrangement.

Accepted Answer

A mutual benefit bailment exists when both parties receive some benefit from the arrangement, which is the case here with Percival and the repair shop. The repair shop benefits by being paid for their services, and Percival benefits by having his computer repaired. A bailor benefit bailment would occur if Percival was just loaning his computer to someone else, a bailee benefit bailment would occur if the repair shop was borrowing the computer for their use, and a leasehold arrangement would involve a longer-term rental of the computer rather than temporary repairs.

Question 19

Steve owns his house in fee simple.The state wishes to build a much-needed new highway through the center of his house.Steve does not want to give up his home.The state will be able to take the land through the use of its condemnation power,also called:
A) highway robbery.
B) adverse possession.
C) eminent domain.
D) prescription easement rights.

Accepted Answer

Eminent domain is the government's legal authority to take private property for public use, as long as the owner is fairly compensated. In this case, the state would use eminent domain to acquire Steve's land for the purpose of building a new highway. Highway robbery and adverse possession are not relevant to this situation. Prescription easement rights refer to a legal right to use someone else's property, which is also not applicable here.

Question 20

Laverne knew that her house was infested with termites. Nevertheless, Laverne listed her house for sale by owner. Shirley had been looking for the perfect house for months now. She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon. Shirley fell in love with the house, the yard, and the neighborhood. Shirley was so excited about buying this house that she did not bother to hire an attorney, hire a company to conduct a termite inspection, or talk to the neighbors about the condition of the house. Within six months after buying the house, the front porch started to crumble, exposing the rotten wood destroyed by termites. The neighbors confirmed that Laverne had mentioned that the house was infested with termites. Shirley wants out of the deal or money to repair the termite damage. Shirley's claim against Laverne would most likely be based on:
A) a duty to disclose defects.
B) the implied warranty of habitability.
C) eminent domain.
D) profit.

Accepted Answer

Laverne had knowledge of the termite infestation, which could be considered a defect in the house. As a seller, Laverne had a duty to disclose this information to Shirley before the sale. Shirley could argue that if she had known about the infestation, she would not have purchased the house, and therefore Laverne breached her duty to disclose. This would be the basis for Shirley's claim against Laverne.

Quiz 24: Property

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

Marshall,fearing death from severe injuries from a fall at work,assigned a certificate of deposit worth $20,000 to his co-worker and friend,Keith,who gladly accepts.Marshall recovers from the injuries.Why must Keith give the certificate of deposit back to Marshall?

Curt tells his son,"You can have my 1997 truck,but if your grades fall,I'm taking it back." Curt:

Jack leases an apartment from Sam.The term of the lease was six months,beginning January 1 and ending on June 31.On July 1,Jack was still in the apartment against Sam's wishes.As of July 1,Jack's tenancy is a:

A bailee always has a right:

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

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

A bailment differs from a gift because:

The warranty of habitability provides:

Personal property means all property other than:

In order to constitute a valid gift:

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the:

The purpose of recording a deed or other real estate transaction is to:

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:

A lease for six months starting on June 1,2010,would be a:

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

Steve owns his house in fee simple.The state wishes to build a much-needed new highway through the center of his house.Steve does not want to give up his home.The state will be able to take the land through the use of its condemnation power,also called: