Deck 25: Property

Question 1

All bailments have to be by agreement between the bailor and bailee.

Answer 1

False

Question 2

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

Answer 2

False

Question 3

Tom rented an apartment from Margaret on a month-to-month basis, with rent due on the first of the month. This type of tenancy is known as a "tenancy at will."

Answer 3

False

Question 4

The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made during the donor's lifetime and a gift causa mortis is a gift made after the donor's lifetime by the donor's estate.

Question 5

​Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.

Question 6

In January, Erwin told David, his nephew, that he would give him a car when he graduates from college. David graduated in May. If Erwin refuses to give David a car, David can sue him for breach of an inter vivos gift.

Question 7

Juan has the right to walk (or drive)across his neighbor's property to reach the highway. Juan's right is referred to as an easement, which allows use of the land.

Question 8

Landlord-tenant relationships are governed by a mixture of property law, contract law, and tort law.

Question 9

Ed wants to give Howard his old car, but Howard says he doesn't want it. Howard later reconsiders and tells Ed he does want the car. His previous repudiation means there is no gift, and Howard has no rights in the car.

Question 10

A bailment was created for the parties' mutual benefit. This means that the bailee must use ordinary care with the property.

Question 11

Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.

Question 12

Stephen wants to give his niece, Dawn, a piece of jewelry as a gift. Stephen gives Tracy, his agent, the bracelet to take to Dawn. The delivery element of making a gift has been completed.

Question 13

If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold and the proceeds equally divided.

Question 14

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

Question 15

Jody loaned her neighbor, Phil, her snow blower. Phil set it near his driveway and later accidentally ran over and destroyed it. In a suit to recover damages, Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

Question 16

​In a condemnation, a court order specifies what compensation is just for the property owner and awards title to the government.

Question 17

Jerry enters a restaurant and hangs his coat in an unattended cloakroom near the entrance of the restaurant. Even though no employee of the restaurant is present, the provision of the cloakroom makes Jerry think it will be safe. In this situation, the restaurant is the bailor of Jerry's coat.

Question 18

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California. As a bailee, Charles is automatically entitled to use Tuan's car while Tuan is away.

Question 19

In many states today a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.

Question 20

Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate, and Maxie has a remainder.

Question 21

Liz and Jeff live in California, a state that recognizes community property. Jeff is a machinist who makes $30,000 a year. Liz is the owner of a franchise where her take-home profit is approximately $75,000 a year. Jeff and Liz purchased a house during their marriage wherein Liz paid three-fourths of the purchase price and Jeff paid one-fourth. Which of the following statements is correct with regard to Jeff and Liz?

A)Each owns one-half of the real property and other assets they acquire during the marriage.
B)The community property rules do not allow Jeff and Liz to maintain separate ownership of assets they each bring to the marriage or inherit.
C)Community property can be sold by Jeff or Liz without consent by the other.
D)Jeff owns one-fourth of the property and Liz owns three-fourths.

Question 22

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety. When Janet died, her will left all of her real property to T.J., Ted and Janet's adult son. T.J. claims he is the sole owner of the jungle property. Ted objects and files a lawsuit for sole ownership of the jungle property.

A)Ted will win because property owned in a tenancy by the entirety includes rights of survivorship for the surviving spouse. Ted will get the title to the entire property.
B)Ted will win only a one-half interest in the jungle property. T.J. will own the other one-half interest because Janet had the right to will her half of the property to anyone she chose.
C)Ted will lose and forfeit his entire interest in the whole property because a tenancy by the entirety means that one party owns the entire property.
D)T.J. will be required to sell his share in the property to Ted.

Question 23

What is an abatement?

A)the power of the government to take private property for public use
B)an order requiring a homeowner to eliminate a nuisance
C)a process under which the original tenant transfers all of his rights and duties to a new tenant
D)the duty to keep losses at a minimum

Question 24

Which of the following is a possessory interest in land?

A)fee simple absolute
B)easement
C)profit
D)license

Question 25

​If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

A)​The customer is liable because he didn't watch where he was going.
B)​The landlord alone is liable for not maintaining the property.
C)​The tenant alone is liable for not informing the landlord of the defective carpet and getting it repaired.
D)​The landlord and the tenant are probably both liable.

Question 26

A security interest in real property is called a

A)lien.
B)mortgage.
C)grant easement.
D)reversion.

Question 27

Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of a

A)tenancy in kind.
B)tenancy at will.
C)concurrent estate.
D)shared estate.

Question 28

In which of the following scenarios has a gift been made?

A)Alice takes her vacuum cleaner to the repair shop to be fixed. The owner tells her he won't be able to get to the repair for two weeks. "OK," says Alice. "Keep it until then and then go ahead with the repair."
B)Tim knows that Noah likes his collection of Spiderman comics. He tells Noah, "Even though my comics are worth $500, you can have them for $100." Noah agrees and pays Tim the reduced price.
C)Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket.
D)Edith tells her friend, Mateo, that he may have her antique Victrola record player after she passes away. Mateo gratefully thanks Edith for her kindness.

Question 29

The landlord's first important duty to a tenant is to

A)deliver possession.
B)maintain premises.
C)pay the security deposit.
D)provide eminent domain.

Question 30

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.

Question 31

Professor McDonald owns the following property. Which of these is NOT real property?

A)Professor McDonald's restored Victorian-era house
B)the grove of peach trees on Professor McDonald's property
C)custom-made bookshelves fitted into the library of Professor McDonald's home
D)the books that line Professor McDonald's bookshelves

Question 32

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

A)the type of the proposed building.
B)the reaction of the neighbors.
C)the reason the owner claims she or he is harmed by the zoning ordinance.
D)All of these are correct.

Question 33

​Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under common law, is the landlord liable?

A)The landlord is liable because there was an understanding that the premises would be kept in a safe condition.​
B)​The landlord is not liable because he informed the tenant of the safety issue.
C)​The landlord is liable because he did not complete the repair in a timely manner.
D)​The landlord is not liable because there was no expectation of safety.

Question 34

Daisy's Donuts rents retail space in the Crestwood Mall beginning January 1, 2018, and ending December 31, 2025. This is an example of a

A)tenancy at sufferance.
B)tenancy at will.
C)periodic tenancy.
D)tenancy for years.

Question 35

Unlike a tenant, a licensee

A)is not entitled to the exclusive possession of the property.
B)is entitled to the exclusive possession of the property.
C)has control of the property.
D)has only a month-to-month right to use the property.

Question 36

Alexander loans Miko his baking dish so she can make lasagna for dinner tonight for her family. What kind of bailment is this?

A)bailor benefit bailment
B)bailee benefit bailment
C)constructive bailment
D)mutual benefit bailment

Question 37

You go to a theater to see a play one Saturday evening. You have

A)purchased an interest called a "profit."
B)an easement by reservation.
C)a license to enter the theater.
D)no property right in the theater just by purchasing the ticket for the play.

Question 38

Mrs. Larkin rents an apartment to a couple who argue continually, disturbing other tenants. Without going through the lawful eviction procedure in court, one day she waits until the couple is out of town and changes all the locks. What has occurred?

A)a constructive eviction
B)an actual eviction
C)an easement
D)a variance

Question 39

Christy's new office lease states that rent will increase by 2% per year to cover tax increases. This is known as a(n)

A)tax mitigation.
B)escalator clause.
C)fee escalation.
D)tax abatement.

Question 40

Ollie leased a building in Old Town. Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building. Upon expiration of the lease, Ollie intends to remove the washer and dryer, but not the furnace. The washer and dryer can easily be removed without harming anything. Removal of the furnace, however, will damage the building. Are the washer, dryer, and furnace fixtures?

A)The washer, dryer, and furnace are all fixtures.
B)The furnace is a fixture, but the washer and dryer are not.
C)The washer and dryer are fixtures, but the furnace is not.
D)The furnace and the washer are fixtures, but the dryer is not.

Question 41

A bailment is different 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.

Question 42

Distinguish between a contract and a gift. Give an example of each.

Question 43

Buck, fearing death from severe injuries suffered in a machinery accident, assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl, a friend, who gladly accepts. Buck ends up recovering from the injuries. Why must Pearl give the certificate of deposit back to Buck?

A)This type of gift is known as a gift causa mortis . It is a conditional gift which is conditioned on Buck actually dying. Because Buck recovered, the gift is automatically revoked.
B)This is an inter vivos gift because Buck was still alive when the gift was made. Any inter vivos gift is revocable because there is no consideration to make Buck's delivery of the certificate binding under contract law.
C)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.
D)This gift is an ordinary gift, but it is revocable because we don't know if the certificate of deposit has matured or not.

Question 44

Sandra and Joe own a hobby farm as tenants in common. They also own a vacation home as joint tenants. What is the difference between the tenancy in common and joint tenancy?

Question 45

Lacy set her textbook under her chair in her business law class and then forgot to take it with her when she left the classroom. A janitor later discovered the textbook and gave 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.

Question 46

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 them. 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, because this is a bailment with both parties receiving mutual benefits.
C)only slight care, because this is a bailment for the sole benefit of the bailor.
D)none, as the sisters would share without condition.

Question 47

The Rameys are selling their home. They did not set forth in the sales agreement whether the washer and dryer, the draperies, and a cherry corner cabinet that was in the dining room were to be included in the sale or whether they were planning to take these items with them. The buyers are claiming these items are fixtures and should stay with the house. The Rameys are claiming they are movable goods and they should not be part of the real estate that was sold. Define "fixtures," identify the tests used to determine whether an item is a fixture, and explain whether you think each of the contested items is a fixture and why or why not.

Question 48

Hanna intends to give her granddaughter, Melodee, her antique hat pin. This heirloom has been kept under lock and key in the wall vault in the library of Hanna's house in Virginia. The hat pin is currently the only item in the vault. When Hanna is visiting Melodee in Connecticut, Hanna gives Melodee the only key to the vault. Melodee is grateful for the present and excitedly accepts. In this situation has there been a completed gift?

A)No. There has been no physical delivery of the hat pin.
B)Yes. There has been physical delivery of the hat pin.
C)No. There has only been constructive delivery of the hat pin.
D)Yes. There has been constructive delivery of the hat pin.

Question 49

Select the correct answer:

A)Rosie rents a locker at the airport, and she puts a bag in the locker. Rosie keeps the locker key. In this case, the bag has been delivered to and accepted by the airport. The airport is a bailee.
B)Hill rents a boat to Dan. The boat is located at a lake 30 miles away. Hill gives Dan keys to the boat. Dan drives to the lake and takes possession of the boat. In this case, the boat has been delivered to and accepted by Dan, and Dan is a bailee.
C)Unknown to Lon, Jeff left a bike at Lon's house. Lon has not found the bike, and he is not likely to find it because Jeff left the bike under the front porch. In this case, Lon is a bailee of the bike.
D)Ken parked a car in a self-service lot, and Ken kept the keys. The parking lot is a bailee.

Question 50

Beth owned an original U.S. flag. She had previously loaned the flag to Ross, a lawyer, so that he could display the flag on the wall behind his office desk. One day while visiting Ross in his office and admiring the flag, Beth said to Ross, "You are so fond of that flag, I would like you to have it!" Ross responded with a gracious "thank you." In this situation

A)Beth has not made a valid, binding gift of the flag because gifts are never binding and can always be revoked by the donor.
B)Beth has not made a valid, binding gift of the flag because the donor must deliver the property to the donee, which was not done here.
C)Beth has made a valid, binding gift if Beth agreed to give the flag in exchange for Ross's legal services.
D)Beth has made a valid, binding gift because she intended to transfer present ownership to Ross and Ross accepted the flag.

Question 51

The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action.

Question 52

Discuss whether or not the following common transactions are bailments and if so, who the bailor/bailee is, and what type of bailment is involved.
a.Renting storage space in Farmer's Frank's huge barn to keep your classic car out of the snow and ice of winter. The rental agreement provides for $100/month rent and Farmer Frank has the only access to the barn.
b.Hiring a moving company to move your belongings to a new residence.
c. Loaning your lawn mower to your neighbor.
d.Parking your car in a "park and lock" parking lot.

Question 53

Which of the following would NOT be considered personal property?

A)collection of vinyl record albums
B)field of soybeans
C)antique quilt
D)None of these are correct.

Question 54

Bruce tells his son, "You can have my 1990 truck, but if your grades fall, I'm taking it back." Bruce

A)has made no gift.
B)has made a "revocable gift," which is effective as a gift as long as the stated condition is met.
C)intended to transfer ownership.
D)has made a constructive gift.

Question 55

Mitch takes his two best suits to Quality Cleaners and receives a ticket as a receipt. Quality tells Mitch his suits will be cleaned and will be ready to be picked up on Monday. Another customer overhears the exchange and early on Monday goes to Quality, convinces the worker he is Mitch but that he has lost his receipt. He identifies and retrieves the suits, which happen to fit him perfectly too. Quality Cleaners

A)is strictly liable to Mitch for the suits.
B)is liable to Mitch only if Mitch can prove Quality was grossly negligent.
C)has no liability unless Mitch proves Quality did not use ordinary care.
D)will avoid liability if the receipt contained an exculpatory clause excluding gross negligence.

Question 56

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Question 57

The element that distinguishes a contract from a gift is

A)performance of the offeror's or donor's promise.
B)the element of consideration which is present in a contract, but not in a gift.
C)whether or not the offeree or donee accepts the offer.
D)whether or not the subject of the gift or contract is illegal.

Question 58

George gave his great-grandfather's pocket watch to Nurse Nadene because he expected to die soon. This is a(n)

A)testamentary gift.
B)inter vivos gift.
C)executed gift.
D)gift causa mortis .