Question 1

When Joan entered into a contract with Mr.Shultz to rent an apartment in a converted house,she noticed that the back stairs and hand railing looked as if they were in disrepair.On the day when she took possession,she found she couldn't use the back stairs because the last two steps were rotten and the handrail was not bolted down at one end.Which of the following is true?

Accepted Answer

The landlord has a statutory duty to provide premises in a state of repair that complies with safety standards irrespective of the state of the premises at the time of the contract. This duty overrides any contractual agreement that purports to shift the obligation to the tenant. Therefore, in this case, the landlord has an obligation to repair the back stairs and hand railing to comply with safety standards, even if the contract did not explicitly state so.

Question 2

When a person acquires temporary possession of a chattel by arrangement with the owner,it is known as which of the following?

Accepted Answer

The correct term for temporary possession of a chattel by arrangement with the owner is a bailment. A bailment occurs when the owner of personal property (the bailor) gives possession of the property to another person (the bailee) for a specific purpose under an agreement.

Question 3

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

Accepted Answer

When tangible personal property becomes attached to real property and is considered a fixture, it may still be removed under certain circumstances, such as trade fixtures or if the owner has reserved the right to remove them. Therefore, statement B, which suggests that it is always unlawful to remove attached personal property, is incorrect.

Question 4

Which of the following is the correct definition of "chattel"?

Accepted Answer

"Chattel" is a legal term that refers to tangible personal property or movables, such as furniture, vehicles, livestock, etc. This distinguishes it from "real property" which includes land and buildings.

Question 5

Which of the following is false with regard to the law of landlord and tenant,lessor and lessee?

Accepted Answer

A tenancy can "run with the land" and bind a purchaser of the building, meaning the new owner must honor existing leases.

Question 6

After saving his money for years,Taylor was finally able to buy property with a small house and a lake.Which of the following is false?

Accepted Answer

While Taylor does own the land and any structures on it, his ownership does not extend to the airspace above the land or the ground below it. This is known as the "bundle of rights" that come with land ownership, which includes the right to use, occupy, transfer, and exclude others from the land, but not the full extent of the physical space surrounding it.

Question 7

Harry's lawn mower ceased to work,and in order to get the lawn mowed,he borrowed his neighbour's lawn mower.Which one of the following is correct with respect to Harry's responsibility in relation to that lawn mower?

Accepted Answer

Since Harry borrowed the neighbour's lawn mower for his own benefit, it is a gratuitous bailment, and Harry has a legal duty to be reasonably careful with it. This means he must take care not to damage it and keep it safe while in his possession. Therefore, option B is the correct choice. Option A is incorrect because Harry still has a responsibility to take care of the lawn mower even though it is a gratuitous bailment. Option C is also incorrect because Harry is not liable for any damage or loss if it is beyond his control. Option D is incorrect because there is no indication that the neighbour was reluctant to lend the lawn mower. Option E is also incorrect because there is no exchange of value between the two parties.

Question 8

In which of the following does a person have a true lease?

Accepted Answer

A true lease is a contract that gives someone the right to use property for a specified period of time in exchange for payment. Option C clearly states that the person has contracted for the use of a warehouse for a specific period, which constitutes a true lease. The other options either do not involve a specified duration of lease (options A, D, and E) or involve a lease that has expired with no further payment or consent (option B).

Question 9

Mable was employed as a waitress at a respectable restaurant in Vancouver.After cleaning up at one of the tables,she noticed a valuable broach on the floor beneath the table.Which of the following is correct with respect to her legal claim to the broach?

Accepted Answer

The answer of Mable was employed as a waitress at...

Question 10

Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents,which referred to a transfer of a "fee simple." The following statements were made to him to explain the term.Which is incorrect?

Accepted Answer

If the owner of the fee simple dies without a will, his estate does not revert back to the Crown. Instead, it will be distributed according to the laws of intestacy in the jurisdiction where the property is located.

Question 11

Consider the following statements regarding the nature of the landlord-tenant relationship.Indicate the true one.

Accepted Answer

Leaseholds and life estates both grant the holder the right of exclusive possession, allowing them to use and control the property during the term of the lease or the life estate.

Question 12

Which of the following statements is correct with respect to the person who is entitled to found property?

Accepted Answer

The person who finds valuable property in a public place is entitled to that property over everyone else except the rightful owner. If the rightful owner cannot be found, then the person who found the property becomes the owner. Option A is incorrect because the property does not necessarily go to the government, it goes to the finder. Option B is also incorrect because the rightful owner has priority over the finder. Option D is incorrect because an employee who finds lost property on the employer's premises has a duty to turn it over to the employer, who then has a duty to try to find the rightful owner. Option E is also incorrect because the rule applies to all personal property, not just choses in action.

Question 13

Which of the following describes involuntary bailment?

Accepted Answer

Involuntary bailment occurs when goods are left with the bailee without the knowledge or consent of the bailor. This is commonly seen in cases where a person finds lost property and takes possession of it, without the owner's knowledge or consent.

Question 14

When a house is built on a lot the house is an example of

Accepted Answer

Real property refers to land or anything permanently affixed to the land, such as a house or building. Therefore, the house built on the lot would be considered real property.

Question 15

Which of the following statements is correct with respect to the creation of a bailment?

Accepted Answer

A bailment is created when there is an agreement, express or implied, that the property will be returned to the bailor or otherwise disposed of according to the bailor's directions after the purpose of the bailment is accomplished.

Question 16

Which of the following is not considered personal property in legal terms?

Accepted Answer

A good affixed to real property is considered a fixture and becomes part of the real property, rather than personal property.

Question 17

Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation.Which one of the following statements is correct with respect to the legal relationship created?

Accepted Answer

This is a gratuitous bailment because Harry is not receiving any compensation for looking after the violin. However, the benefit of this bailment is for the bailor (Jane), as she is entrusting her valuable item to someone she trusts. Therefore, this is an example of a gratuitous bailment for the benefit of the bailor only. Harry has a legal duty to take reasonable care of the violin, even though he is doing his friend a favor.

Question 18

When one person leaves tangible personal property with another to look after,the resulting relationship is called

Accepted Answer

When one person leaves tangible personal property with another to look after, the resulting relationship is called a bailment. This means that the person who has possession of the property (bailee) has a duty to take care of it and return it to the owner (bailor) when requested.

Question 19

A "periodic tenancy" means

Accepted Answer

A periodic tenancy is a lease agreement in which the parties agree to no set termination date but to the rental period being automatically renewed. This means that the tenant can stay as long as they continue to pay rent on a periodic basis (e.g. monthly, weekly, etc.). This type of tenancy can be terminated by either party giving notice (usually specified in the lease agreement) to end the tenancy.

Question 20

In which of the following does a person have a true lease?

Accepted Answer

A true lease involves the exclusive possession of a property for a specific period of time. Option C involves a person contracting for a warehouse for a two-week period, which is a lease for a specific period of time and grants exclusive possession. The other options do not meet the criteria of a true lease. Option A is a contract for services, not for the exclusive possession of a property. Option B is a holdover tenancy, which is not agreed upon by the lessor. Option D is permission to use a property for a specific purpose, but not for exclusive possession. Option E is a contract for services, not for the exclusive possession of a property.

Quiz 13: Real, Personal, and Intellectual Property

When a person acquires temporary possession of a chattel by arrangement with the owner,it is known as which of the following?

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

Which of the following is the correct definition of "chattel"?

Which of the following is false with regard to the law of landlord and tenant,lessor and lessee?

After saving his money for years,Taylor was finally able to buy property with a small house and a lake.Which of the following is false?

Harry's lawn mower ceased to work,and in order to get the lawn mowed,he borrowed his neighbour's lawn mower.Which one of the following is correct with respect to Harry's responsibility in relation to that lawn mower?

In which of the following does a person have a true lease?

Mable was employed as a waitress at a respectable restaurant in Vancouver.After cleaning up at one of the tables,she noticed a valuable broach on the floor beneath the table.Which of the following is correct with respect to her legal claim to the broach?

Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents,which referred to a transfer of a "fee simple." The following statements were made to him to explain the term.Which is incorrect?

Consider the following statements regarding the nature of the landlord-tenant relationship.Indicate the true one.

Which of the following statements is correct with respect to the person who is entitled to found property?

Which of the following describes involuntary bailment?

When a house is built on a lot the house is an example of

Which of the following statements is correct with respect to the creation of a bailment?

Which of the following is not considered personal property in legal terms?

Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation.Which one of the following statements is correct with respect to the legal relationship created?

When one person leaves tangible personal property with another to look after,the resulting relationship is called

A "periodic tenancy" means

In which of the following does a person have a true lease?