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Q:
Dora leases a house from Evan for a two-year term. To ensure the validity of their lease, it should include
a. a description of the premises.
b. a due date for the payment of the property taxes.
c. a requirement that Dora perform structural repairs to the house.
d. a requirement that Evan carry liability insurance.
Q:
Elin rents an apartment from Fresh Properties, Inc. A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating. A court would likely hold this clause to be
a. acceptable and enforceable.
b. acceptable but not enforceable.
c. ambiguous.
d. unconscionable.
Q:
Riley owns Superior Apartments. He promise his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is a covenant
a. against encumbrances.
b. of quiet enjoyment.
c. of seisin.
d. of the right to convey.
Q:
Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
Q:
Fact Pattern 48-2
Jay owns two adjacent buildings, leased to Kelly and Leo, respectively. A driveway between the buildings leads to a parking lot in the back. Jay sells Kelly's leased building to Kelly, under an agreement to transfer an easement in the driveway. The agreement does not use the word "permanent." Leo buys Leo's leased building, which includes title to the driveway.
Refer to Fact Pattern 48-2. As the court held in Case 48.1, Webster v. Ragona, Kelly has in the driveway
a. an easement appurtenant.
b. no easement, because Jay and Kelly's agreement did not say that the easement was "permanent."
c. no easement, because Leo has title to the driveway.
d. no easement, because Leo's purchase extinguished it.
Q:
Fact Pattern 48-2
Jay owns two adjacent buildings, leased to Kelly and Leo, respectively. A driveway between the buildings leads to a parking lot in the back. Jay sells Kelly's leased building to Kelly, under an agreement to transfer an easement in the driveway. The agreement does not use the word "permanent." Leo buys Leo's leased building, which includes title to the driveway.
Refer to Fact Pattern 48-2. Suppose that the agreement between Jay and Kelly does not expressly bind Jay's "heirs and assigns," Jay says nothing to Leo about the easement, and Leo's deed does not mention it. Under those circumstances, as the court held in Case 1, Webster v. Ragona, Kelly has in the driveway
a. an easement appurtenant.
b. no easement, because Jay and Kelly's agreement did not bind Jay's successors.
c. no easement, because Jay said nothing to Leo about the easement.
d. no easement, because Leo's deed did not mention it.
Q:
Glen, the owner of Harvest Farm, and Irma, the tenant of the farmhouse on the property, may create a tenancy for years bya. deed.b. express contract.c. implication.d. sufferance.
Q:
Regional Construction Company has a right to drive its trucks across Standard Business Corporation's property, which is adjacent to Regional's office. This right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
Q:
Cattle Corporation (CC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CC retains the right to remove a limited amount of water per day from the reservoir. This right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
Q:
Fact Pattern 48-1
Holly owns land in Iowa. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 48-1. Holly conveys some of her land to Jake with the right to possess and use the property for a certain period of time. Holly has given Jake
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
Q:
Fact Pattern 48-1
Holly owns land in Iowa. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 48-1. Holly deeds her land to Jake. The deed states, "To Jake, for life, then to Kim." Holly has given Jake
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
Q:
Fact Pattern 48-1
Holly owns land in Iowa. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 48-1. Holly's ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
Q:
Even after a tenant assigns a lease, the tenant may be obligated to pay rent.
Q:
When a landlord sells leased premises to a third party, any existing leases terminate automatically.
Q:
A tenant is responsible for an damage to the premises that he or she causes.
Q:
A tenant can withhold rent for any reason.
Q:
The implied warranty of habitability requires a tenant who does not plan to use leased premises for a temporary period to notify the landlord.
Q:
If the covenant of quiet enjoyment is breached, the tenant can sue the landlord for damages.
Q:
Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.
Q:
Under the covenant of quiet enjoyment, a landlord promises that a tenant will not be disturbed in the possession of the premises.
Q:
A lease is not enforceable if the leased premises are to be used for an illegal purpose.
Q:
A property owner can legally discriminate against prospective tenants on the basis of gender.
Q:
Privity of estate is required for the enforcement of a restrictive covenant.
Q:
Taking private property for public use requires the payment of "just compensation."
Q:
Adverse possession is a means of obtaining title to property without the delivery of a deed.
Q:
In most states, the seller of a new house warrants that it is fit for habitation.
Q:
A quitclaim deed warrants more than any other deed.
Q:
Easements can be created by necessity.
Q:
A tenancy at will is created by an express contract by which property is leased for a specified period of time.
Q:
A tenancy for years is created when a lease does not specify its duration.
Q:
The holder of a life estate does not have the right to mortgage the property.
Q:
Limits on air or subsurface rights normally must be indicated on a deed or other document transferring ownership of the land.
Q:
Jean leaves her prom dress with Kwik "˜n Kleen Launderers to be cleaned and altered for the dance. On its return, the dress is greasy and smells bad, and the alterations burst at the seams. Who suffers the loss and why?
Q:
Dan wants to give Eve a pearl necklace that Dan has in his safe deposit box at First National Bank. The bank is closed for a holiday. Dan gives Eve a key to the box and tells her to go to the bank after the holiday and take the necklace. Eve does this. The next day, Dan dies. Dan's heirs want the necklace. Can Eve keep it?
Q:
Business Company stores office furniture with Complete Storage, Inc. (CSI), under a contract that limits the warehouser's liability for lost or damaged property to $500. The furniture is lost through no fault of CSI. The loss is most likely suffered by
a. Business Company and CSI.
b. Business Company only.
c. CSI only.
d. neither Business Company nor CSI.
Q:
Great Stores, Inc., hires Haul-away Company, a common carrier, to transport fifty large-screen HDTVs from San Diego to Phoenix. En route, a pothole causes the truck to crash, damaging the goods. Liability for the damage most likely rests with
a. Great Stores and Haul-away.
b. Great Stores only.
c. Haul-away only.
d. neither Great Stores nor Haul-away.
Q:
In Case 47.4, Lembaga Enterprises, Inc. v. Cace Trucking & Warehouse, Inc., the court explained that a bailee can be held liable for the conversion of the bailor's property
a. only if the bailor can prove that the bailee was negligent.
b. only if the bailor can prove that the bailee intentionally stole the property.
c. if the bailor can prove that the property was within the bailee's possession when it disappeared.
d. None of the above.
Q:
Fact Pattern 47-1
AAA Transport Company agrees to pick up two containers for Business Operations, Inc., and store their contents, to be delivered later. While AAA unloads one container, the other disappears from AAA's loading dock.
Refer to Fact Pattern 47-1. Under the principles set out by the court in Case 47.4, Lembaga Enterprises, Inc. v. Cace Trucking & Warehouse, Inc.,AAA can avoid liability
a. by proof that AAA did not convert the goods and was not negligent.
b. by proof that AAA's warehouse is located in a high-crime area.
c. by proof that Business Operations was negligent in hiring AAA.
d. under any circumstances.
Q:
Fact Pattern 47-1
AAA Transport Company agrees to pick up two containers for Business Operations, Inc., and store their contents, to be delivered later. While AAA unloads one container, the other disappears from AAA's loading dock.
Refer to Fact Pattern 47-1. According to the ruling of the court in Case 4, Lembaga Enterprises, Inc. v. Cace Trucking & Warehouse, Inc.,these facts give rise to
a. a presumption of intentional or negligent conversion by AAA.
b. a presumption of theft by a third party.
c. a presumption of theft by AAA.
d. Business Operations' liability for the container's loss.
Q:
Opal takes a pinball machine to Quality Games, Inc., for repair. Lacking certain parts, Quality ships the game to Regal Company. While in Regal's possession, the game is damaged. Quality can recover for the damage from
a. no one.
b. Opal.
c. Regal.
d. the game's original maker.
Q:
Ed borrows a ladder from a neighbor, Floyd, who is not aware that one of the rungs is loose. Ed falls from the ladder because of the loose rung and is injured. Liability for the injury most likely rests with
a. Ed and Floyd.
b. Ed only.
c. Floyd only.
d. neither Ed nor Floyd.
Q:
Ben allows Cody to store his trailer on Ben's property for $20 a month while Cody is out of town. Later, Ben notices rainwater collecting in the trailer and covers it with a tarp at a cost of $40. This cost is most likely borne by
a. Ben and Cody.
b. Ben only.
c. Cody only.
d. neither Ben nor Cody.
Q:
Roy leaves his pick-up truck at Sam's Auto Service for an oil change. This is a bailment for
a. neither party's benefit.
b. the parties' mutual benefit.
c. the sole benefit of the bailee.
d. the sole benefit of the bailor.
Q:
Earl works at Fast Food Cafe. After work, in the parking lot, Earl finds a diamond ring lost by Gina. Title to the ring is possessed by
a. Earl.
b. Fast Food Café.
c. Gina.
d. the state.
Q:
Grain from Amber Farms is wrongfully commingled with grain from Billow Fields, which obtains possession of all of the grain. This is
a. a bailment.
b. accession.
c. confusion.
d. production.
Q:
Leo removes a small, uprooted, discarded tree from a construction site on property owned by Mortgage Brokers, Inc., with the permission of Neil, the on-site supervisor. Leo replants the tree on his property and, due to his care, it grows tall. This is
a. a bailment.
b. accession.
c. confusion.
d. production.
Q:
John steals an old, battered bicycle that is parked, unlocked, in front of a convenience store. He repairs, paints, and replaces parts on the bike until it is like new. The original owner, Kim, claims the bike. The bike belongs to
a. John and Kim as tenants in common.
b. John because he made substantial improvements to it.
c. John because Kim claimed it only after John improved it.
d. Kim because John stole it.
Q:
During the last ten years of her life, Barbara stayed mostly to herself. She was restricted to a wheelchair and did not like going out much. Her only companion was Sylvia, who cleaned Barbara's house and bought her groceries. Barbara and Sylvia grew to be close friends, and Barbara knew that Sylvia liked Barbara's painting of two dogs playing poker. Barbara told Sylvia that she could have the painting when Barbara died. Barbara died intestate (without a valid will), and her family discovered that the painting, surprisingly, was worth $3,000. When the family refused to give the painting to Sylvia, she sued. Based on the decision in Case 43, In re Estate of Piper, the court in this case would most likely rule in favor of
a. Barbara's family, because the painting was never delivered to Sylvia.
b. Sylvia, because Barbara intended to give the painting to Sylvia when she died.
c. Barbara's family, because there was no will.
d. Sylvia, because Barbara's family never cared about Barbara.
Q:
Lee wants to give a pearl necklace to his sister May. Lee delivers the necklace to Nora and tells her to give it to May. Nora delivers the necklace to May the next day. In these circumstances, the gift is
a. effective when Lee delivers the necklace to Nora.
b. effective when Nora delivers the necklace to May.
c. not effective because Lee did not personally acknowledge a gift to May.
d. not effective because Lee did not personally give the necklace to May.
Q:
Ira is declared mentally incompetent. Jay, Ira's son, is named his guardian. At Jay's insistence, Ira transfers his assets to Jay "for safekeeping." A court might conclude that this gift is not effective on the ground that there was no
a. acceptance.
b. delivery.
c. donative intent.
d. donor's acknowledgment.
Q:
Patty's parents give her a car as a graduation present. While Patty spends the summer in Europe, her friend Rita agrees to keep the car in her garage. On Patty's part, this is acquisition of property by
a. bailment.
b. capture.
c. find.
d. gift.
Q:
Adam and Beth take title to a sport utility vehicle (SUV) in such a way that if one dies, the other will be the sole owner. Adam and Beth own the SUV as
a. co-owners in fee simple.
b. joint tenants.
c. tenants by the entirety.
d. tenants in common.
Q:
Joy and Kent each own one-half of Local Motion, a delivery service, as a tenant in common. Kent sells his interest to Maria, who now owns
a. no interest in the firm.
b. the firm in fee simple.
c. the firm with Joy as joint tenants.
d. the firm with Joy as tenants in common.
Q:
April owns six 1967 Ford Mustangs in fee simple. April can
a. use the cars as she chooses, but not dispose of them or transfer them.
b. use or dispose of the cars, but not transfer them.
c. use or transfer the cars, but not otherwise dispose of them.
d. use, transfer, or dispose of the cars, as she chooses.
Q:
Common carriers are held to a standard of care based on strict liability in protecting bailed property in their possession.
Q:
If a bailee fails to return bailed property to a bailor, the bailee may be liable for conversion.
Q:
In most bailments, the bailee has a right to place a lien on the bailed property until he or she is fully compensated.
Q:
In a gratuitous bailment, a bailee has a right to be compensated for costs incurred in keeping bailed property.
Q:
A bailment must be in writing to be valid.
Q:
In a bailment, possession of the property is transferred to the bailee.
Q:
Estray statutes determine ownership rights in fungible goods that have been commingled.
Q:
Property voluntarily placed somewhere by its owner and inadvertently forgotten is lost property.
Q:
A person can acquire title to fungible goods by mixing them"confusing" themto render them indistinguishable.
Q:
A gift causa mortis is effective only if the donor dies and the donee lives.
Q:
Constructive delivery occurs when property is physically transferred.
Q:
A promise constitutes an effective gift.
Q:
Production is a means of acquiring ownership of personal property.
Q:
In a tenancy by the entirety, a spouse can transfer separately his or her interest during his or her lifetime.
Q:
Most statutes today presume that a co-tenancy is a tenancy in common unless there is a clear intention to establish a joint tenancy.
Q:
Co-ownership in which each of two or more persons owns an undivided fractional interest in property is a tenancy in common.
Q:
When a joint tenant sells his or her interest, the buyer becomes a tenant in common.
Q:
Persons who share ownership rights simultaneously are concurrent owners.
Q:
A person who holds all rights in property owns the property in fee simple.
Q:
Constructive delivery does not satisfy the delivery requirement for an effective bailment.
Q:
For an effective bailment, the bailor must retain control, but not necessarily possession, of the bailed property.
Q:
For an effective bailment, the bailor must retain possession of the bailed property.
Q:
Property voluntarily placed by its owner with no intention of reclaiming it is abandoned property.
Q:
A finder acquires title to lost property good against the whole world, including the original owner.
Q:
Property voluntarily placed by its owner and inadvertently forgotten is mislaid property.
Q:
A gift to a dying donee is a gift causa mortis.