Question 1

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.

Accepted Answer

The statement accurately describes that WeMove4U is shifting the burden of liability to the bailor by adopting a new standard charge agreement that limits its liability. The company recommends that the bailor purchase adequate insurance coverage to protect against loss or damage to the bailed property.

Question 2

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

Accepted Answer

Under Canadian law, water is considered a public resource, and ownership or custodianship rights are typically held by the government, represented by the Crown. This is known as the public trust doctrine. While individuals and companies may have licenses or permits to use water resources for specific purposes, these do not confer ownership rights.

Question 3

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.

Accepted Answer

The practical distinction between carriers and innkeepers primarily lies in the nature of the services they provide and their responsibilities towards the property. Carriers are responsible for the transportation of goods or people from one place to another, while innkeepers provide lodging services. The level of control over the property (total or shared) is not the primary basis for distinction; rather, it's the type of service offered and the corresponding responsibilities towards the property in their care.

Question 4

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.

Accepted Answer

The answer of A warehouseman's general responsibility toward its customers'...

Question 5

A bailee who specializes in a certain type of bailment is expected to exercise ordinary diligence but greater care than an ordinary person.

Accepted Answer

The answer of A bailee who specializes in a certain...

Question 6

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.

Accepted Answer

In this scenario, Ross is the bailor because he is the one who has given his belongings into the temporary custody of Kitt's Storage Inc., making Kitt's Storage Inc. the bailee.

Question 7

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.

Accepted Answer

This statement is true. Marcella, as the person delivering the suits, is the bailor, and the drycleaner, as the person accepting the suits and agreeing to take care of them, is the bailee. This is a bailment for value because Marcella is paying the drycleaner for their services.

Question 8

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

Accepted Answer

In contractual bailments, the bailor is obligated to warrant that the goods being used by the bailee are fit for the purpose they were bailed for. This means that if the goods are not suitable for the intended use, the bailor is considered to have breached their contract.

Question 9

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.

Accepted Answer

Jordan's RV Storage business has a legal duty of care towards its paying customer's property, whereas someone who permits a friend to store a trailer on their land for free may not have the same legal duty.

Question 10

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

Accepted Answer

Tangible property refers to physical assets that can be touched and handled, such as vehicles, equipment, and real estate, rather than the value derived from legal rights.

Question 11

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

Accepted Answer

Bailment contracts often include provisions that limit the liability of the bailor or bailee, as the common law rules can create strict liability for either party. These limitations can be negotiated and agreed upon between the parties involved in the bailment contract.

Question 12

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

Accepted Answer

If personal property has been abandoned, the original owner has relinquished their ownership rights, and someone else can claim ownership by taking possession of the property. However, it is important to check local laws and regulations regarding abandoned property before claiming ownership.

Question 13

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

Accepted Answer

Some tangible materials, such as air or wild animals not in captivity, cannot be owned by individuals under common property law principles. Ownership typically applies to items that can be distinctly possessed and controlled.

Question 14

Property can be best described as "all tangible things."

Accepted Answer

Property includes both tangible and intangible assets, such as real estate, personal belongings, intellectual property, and financial assets.

Question 15

In law,intellectual types of property are known as choses in action.

Accepted Answer

Choses in action refer to personal rights that can be claimed or enforced through legal action, and intellectual property rights fall under this category as they are intangible and require legal enforcement.

Question 16

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

Accepted Answer

Unlike real property, there is no centralized system or registry for recording ownership of personal property such as cars, furniture, and clothing. Ownership is typically established through bills of sale, warranties, or other documentation.

Question 17

The short-term rental of a piece of equipment would be a bailment relationship.

Accepted Answer

A bailment relationship involves the transfer of possession of personal property from one party to another, typically for a specific purpose and duration, which aligns with the concept of short-term rental.

Question 18

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

Accepted Answer

Personal property is defined as any property that is movable and not fixed to land. This includes things like furniture, vehicles, clothing, and money. Land and anything permanently attached to it, like buildings or trees, is considered real property.

Question 19

Excised human tissue constitutes a form of personal property that is capable of being owned.

Accepted Answer

Excised human tissue is considered personal property under the law, and as such, it can be owned and transferred like any other form of property.

Question 20

The burden placed on a common carrier to care for the goods of the bailor is determined by the concept of benefit of the relationship.If the bailment benefits the bailor exclusively,the common carrier is required to exercise slight care and is liable only for gross neglect.

Accepted Answer

Common carriers are generally held to a higher standard of care, regardless of who benefits from the bailment, and are typically liable for any loss or damage to goods unless it is due to an act of God, public enemy, or inherent nature of the goods.

Quiz 17: Introduction to Property Law