Q&A Hero

Q: A deposited acceptance creates a binding contract even if there is a revocation in the mail.

Q: Promises to make gifts are not binding because there is no bargained for exchange.

Q: Fixman Ltd. agrees to renovate Juan's house for $20,000. During the renovation, Fixman demands an additional $5,000 to complete the work, which Juan agrees. Fixman can sue Juan, if Juan fails to pay the additional amount.

Q: Casper offers to sell a car to Amanda for $1,000, to which Amanda agrees. Both the parties have signed a contract fully detailing the transaction which will be executed in 24 hours. This contract is an example of a firm offer.

Q: Juan offers to sell his cycle to Charles for $1000. Charles agrees saying, "I will pay you $1000, if you give me an extra tire with the cycle." This is an example, a binding contract is created between Juan and Charles as a result of the mirror image rule.

Q: According to the UCC, a contract for the sale of goods can be valid even when the acceptance proposes new or different nonquantity terms.

Q: Ana offers Corey her vacuum cleaner for $300. Corey rejects the offer so Ana promises to sell the vacuum cleaner to Abey. But, a day later, Corey decides to buy the vacuum cleaner and informs Ana of his acceptance. Ana must sell the vacuum cleaner to Corey.

Q: Darcy offers Kate his farm house for $200,000. However, before Kate communicates her acceptance, the farm house gets destroyed due to a fire. In this situation Kate can sue Darcy for breach of contract.

Q: The mirror image rule is the same under common law rules and the UCC.

Q: Shane wants to sell his car. He accepts Layla's offer and sells the car at $15,000. Layla is the offeree.

Q: Avery mails Taylor offering to sell her house at a reasonable price. Taylor mails his acceptance. Avery and Taylor are bound by a valid contract.

Q: Miguel asks Alicia, an accountant, for her professional advice regarding his portfolio, Miguel is not obligated to pay Alicia since he did not express a promise to pay for her advice.

Q: If a debtor overpays a creditor $5,000, the debtor can force the creditor to return that amount by suing under quasi-contract.

Q: A voidable contract is an agreement when one party has the right to withdraw from the promise made without incurring any legal liability.

Q: Contract law enables private agreements to be legally enforceable.

Q: The Uniform Commercial Code (UCC) applies to individuals as well as firms.

Q: A unilateral contract is an agreement with only one promise, and only one party is committed to perform.

Q: A teacher's promise to pay $5.00 if a student to go to her office to get her some chalk is an example of a unilateral contract.

Q: Explain zoning.

Q: Define and contrast private property, public property, and common property.

Q: Ned's is the only house situated directly on the shore of a small lake just outside of the city of Heart Tree. Heart Tree's city council has decided to turn the lake into a city park, complete with waterslides, theatres, and a dog park. Heart Tree claims that this park will create jobs, increase city revenues, and give the citizens of Heart Tree much needed green space. The park will be run by Geoffrey Corp., a development agency associated with Heart Tree. To create the park, Geoffrey Corp. must use all of the land surrounding the lake, so it decides to initiate condemnation proceedings on the land currently owned by Ned. How could Ned fight this, and what would be the likely result?

Q: Suzette leaves her purse at her favorite restaurant during lunch. Suzette's friend Mary, a waitress at the restaurant, sees the purse and takes it to the back office where she puts it with her own things, reminding herself to return it to Suzette when she gets off work. However, when Mary returns to the back office after her shift, she sees that many things have been stolen, including Suzette's purse. Is the restaurant liable to Suzette for the purse? Fully explain your answer.

Q: What steps must be taken for a security interest to attach?

Q: Sidney Carton, owner in fee simple of Cartonacre, makes the following grant of his land: "to Lucie Manette for life, then at the death of Lucie Manette, to her children in equal share." At the time of the grant, Sidney Carton has no children or heirs of his own. What interests have been created by this land grant?

Q: What property right is granted by a landlord to a tenant, and what are the three ways in which the duration of the grant is qualified?

Q: Wallace buys a television from Dotty, but a week later, a clerk from Conduit City, an electronics store, contacts Wallace to inform him that the store will be repossessing his television. Wallace calmly expresses his confusion, stating that he bought the television free and clear from Dotty. The clerk explains that Conduit City has a purchase money security interest in the television, which permits them to repossess the TV. Fully explain who is right.

Q: Name two items on an average university campus that would be classified as personal property and two items classified as fixtures. Fully explain why each item is so classified.

Q: You have driven to the local shopping mall in a friend's car. Explain and give examples of how you might park the car in terms of the three different standards of care depending upon the type of bailment relationship you've entered into with your friend.

Q: Mortimer's father, Loomis, has just lost his home to foreclosure. Mortimer wants to make sure that his father has some land of his own for his remaining years. Mortimer owns Sunnylake, a plot of land nearby. Mortimer knows his father would be happy living on Sunnylake, but he also hopes to develop the land for his own retirement home, when the time comes. Explain what Mortimer should do and why.

Q: Kyle and Belinda have been living in their home for 25 years. For the duration of their time in that house, they have used a small cement walkway that passes through a large field to walk to the nearby beach. Gary owns the large field and paved the cement walkway, himself. Last year, Gary decided to build two condominiums on the field, with the walkway dividing them. After noticing Kyle and Belinda using the walkway, he yelled at them and told them that they can never use his walkway again. Gary promptly erected a large gate to prevent Kyle and Belinda from using the walkway. Because the condominiums are so large, there is no other way for Kyle and Belinda to get to the beach. What may allow Kyle and Belinda to continue using the walkway? Fully explain your answer.

Q: Explain what eminent domain is and what must be done for it to be valid.

Q: How would one determine whether found property is lost or mislaid? What are the rights of the finder of lost and mislaid property?

Q: Wally Wanderer finds an abandoned ranch in Wyoming and begins living there for many years. When the record owner finds out 23 years later, what is Wally's best legal argument that the land is his?

Q: What is meant by a life estate in land and why might one give someone else a life estate rather than a fee simple ownership.

Q: What is the difference between attachment and perfection of a lien regarding Article 9 secured transactions?

Q: Zoning boards may create zoning laws for all of the following, EXCEPT: A. to separate commercial districts from residential districts. B. to specify the number of buildings that can be built on land. C. to enforce ethnic or gender diversity. D. to impose specific color requirements. E. to specify a specific design for all buildings in an area.

Q: Rachel owns a beach home and wants to build a deck. Zoning restrictions limit decks to 120 square feet, but Rachel wants to build one that is 144 square feet. A. If she builds it, then she can't be asked to tear it down once it's completed. B. She should ask for a nonconforming exemption. C. She should ask for a variance. D. She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions. E. Her only recourse is to lobby her local zoning board to force them to change the restriction.

Q: Ivana's car was stolen. The car needed some repairs and the thief, Donald, had the engine replaced as well as the muffler. Donald was apprehended and the car was returned to Ivana. Which of the following is true? A. Ivana owns the car but Donald owns the engine and muffler. B. Ivana owns the car but must pay Donald for the engine and muffler. C. Donald becomes the owner of the car due to accession. D. Ivana owns the car and owes Donald nothing. E. Donald may sue for ownership of the car if he can show that his additions are worth more than the car.

Q: A valuable object given by a debtor to a creditor to secure a loan is referred to as the _____. A. collateral B. attachment C. lien D. easement E. reversion

Q: The general way of perfecting a security interest under Article 9 is to file a(n): A. artisan's lien. B. financing statement. C. deed of trust. D. warranty deed. E. creditor's instrument.

Q: Stephen, a private individual, intends to bring a public nuisance claim against a textiles plant because its runoff is destroying the natural habitat of the local river's beaver population. Which of the following will permit Stephen to bring a valid claim? A. Stephen is the leading aquatic biodiversity scientist in the state. B. Stephen traps the beavers for a living. C. The state owns the textile plant. D. The runoff has also caused substantial damage to Stephen's property. E. The governor owns the textiles plant.

Q: Which of the following is NOT a security interest in land? A. A land sales contract B. A mortgage C. A deed of trust D. A negative easement E. A title

Q: When the owner of an old airplane engine has it restored and has an airplane built around it, the owner of the engine now owns the entire airplane through the doctrine of _____, which refers to something "added." A. accession B. collateral C. eminent domain D. negative easement E. easement by prescription

Q: Which of the following is a valid bailment? A. Babysitting your sister's child for the weekend B. House-sitting for a friend over the weekend C. Feeding your neighbor's dog (who lives in the yard in a doghouse) by tossing food over the fence D. Borrowing your friend's car for a day E. Accidentally dropping your car keys in a restaurant

Q: You're lying in bed when a piece of a meteorite enters the Earth's atmosphere and flies through the window of your apartment, landing at your feet. A. Your apartment complex has a right to claim the property because it landed on their land. B. You may keep the property because of the rule of first possession. C. You and your apartment complex must share the property as equal co-owners. D. The government can exercise its right of eminent domain and claim the property for the good of the public. E. The property must be turned over to police and cannot be claimed until 60 days have passed.

Q: Danny has five pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one will even look at it for fear of the dogs. If Terry takes Danny to court, what should he claim that Danny has established? A. A public nuisance B. A private nuisance C. An adverse possession D. An eminent domain E. An accession

Q: Which of the following types of easement is also called easement by necessity? A. Negative easement. B. Easement by prescription. C. Easement by reservation. D. Natural easement. E. Functional easement.

Q: If Landon, who is 80 years old, writes a trust that states that his property is to go to "my great-great-great grandchild upon my death," and at the time of creating the trust his only child is one year old: A. the trust is valid, but the property must wait until the great-great-great grandchild is born to be transferred. B. the trust is invalid due to the rule against eventualities. C. the trust is valid due to the rule of progression. D. the trust is invalid due to the rule against perpetuities. E. the trust is valid, but the property must wait until Landon's child dies to be transferred.

Q: The eminent domain clause is contained in: A. Article I of the Constitution. B. the Fifth Amendment to the Constitution. C. state property codes. D. state constitutions, but not the federal Constitution. E. the Declaration of Independence.

Q: Which of the following is NOT a requirement for a successful application of adverse possession? A. The possessor must occupy the land openly and notoriously. B. The possessor must occupy the land continuously. C. The possessor must physically occupy the land. D. The possessor must occupy the land wrongfully. E. The possessor must occupy the land with the owner's permission.

Q: In 2008, Donald gives Tony a life estate in a home that Donald owns, specifying that upon the end of the life estate, the property is to go to Tony's son, Mike. Tony dies in 2012. A. If Donald is still alive he may revoke the transfer to Mike and keep the property. B. Mike gets a reversion interest in 2012. C. Mike gets a remainder interest in 2012. D. In 2012, Mike and Donald become joint tenants until Donald's death when Mike becomes the sole owner. E. The property is held in trust until Mike comes of age.

Q: If your home is being foreclosed on, you may retain ownership of the property if you pay the full amount of the debt before the sale. This is called a: A. right of revision. B. right of recovery. C. right to cure deficiency. D. right of redemption. E. right to debt forgiveness.

Q: Josh borrows Amanda's car to get to school. Josh is obligated to exercise _____. A. the level of care imposed by Amanda B. a reasonable duty of care C. a slight duty of care D. the level of care imposed by Amanda's parents E. a very high duty of care

Q: The legal foundation for federal taxation is found in _____. A. yearly power grants from each of the individual states. B. the Declaration of Independence. C. Article 1, Section 8 of the United States Constitution. D. the Congressional Budget and Impoundment Control Act which created the Congressional Budget Office. E. the Transportation Equity Act.

Q: Which of the following is a mutual benefit bailment? A. Renting a car B. Lending your car to a friend without receiving consideration C. Borrowing a car from a friend without paying consideration D. Buying a car E. Riding a bus

Q: A(n) _____ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse. A. easement by prescription B. negative easement C. mutual benefit bailment D. eminent domain E. accession

Q: Which of the following is a permissible eminent domain action under the takings clause of the Fifth Amendment to the Constitution? A. A pharmaceutical company takes over a residential neighborhood to expend its corporate headquarters. B. A state agency pays a homeowner $200 as compensation for building a highway through his home. C. The state's governor forecloses on a farmer's land to build a personal free-range chicken farm. D. A private non-profit organization brings a foreclosure action against a decrepit tenement in order to build a public park. E. The municipal government pays fair market value for the right to string power lines across a homeowner's property, then sells the right to the state's only electric company.

Q: You and your roommate are driving through a nice neighborhood when you see some furniture piled on the curb to be picked up by the trash collectors the next morning. As you pick up a chair, the homeowner opens a window and yells, "Get away from my stuff." A. You may claim the chair as lost property. B. You may claim the chair as mislaid property. C. You may claim the chair as abandoned property. D. The homeowner retains ownership until it is picked up the next morning, so you must leave it. E. The homeowner retains ownership of the property until you buy it from him.

Q: A(n) _____ lien arises when someone contributes materials and/or services to real estate, usually a building, and is not paid. A. general B. chattel C. surety D. mechanic's E. assayer's

Q: Once a court has determined that an offender has substantially and unreasonably interfered with the use or enjoyment of another's property, the court may issue an injunction forcing the offender to do something to ease the nuisance-creating activity. Which of the following will be conducted by the court in determining whether to issue an injunction? A. An investigation into the relevant political connections of the parties before it B. A balancing of interests looking at the relative economic hardship of the parties and any public interest in the offender's activity C. A balancing of interests looking at the offender's charitable donations and the offender's income tax revenue D. An investigation into what local scientists think the property in question is best suited for E. A determination of how much money can be saved by ignoring the nuisance

Q: Which of the following can ONLY apply to real property? A. Confusion B. Gifts C. Accession D. Bailments E. Easements

Q: Seth takes his laundry to Denise's Dry Cleaners (DDC). When Seth gets his clothes back he notices that two of his shirts, perfect when brought in, are now ripped. Which of the following is correct? A. This was a mutual benefit bailment and DDC owed a duty of reasonable care. B. This was a bailment for the sole benefit of the bailee and DDC owed a duty of slight care. C. This was a bailment for the sole benefit of the bailor and DDC owed a duty of great care. D. This was not a bailment. E. This was an unintentional bailment, so DDC does not owe a duty of care.

Q: Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruth's home. Ruth offers the brooch to Marcy who accepts. Ruth then gives Marcy the only key to the safe. According to the information given in this case, which of the following statements is true regarding the gift? A. This is not a valid gift because there has been no delivery. B. This is a valid gift because there has been an actual delivery. C. This is a testamentary gift and Marcy can claim the gift only after Ruth's death. D. This is a valid gift because there has been a constructive delivery. E. This is not a valid gift because Ruth must provide a document for chain of custody.

Q: When a tenant in common dies, his or her share of the property _____. A. passes to the state government B. passes to the remaining tenants in common C. passes to the highest bidder in an estate auction D. passes to the federal government E. passes to his or her heirs

Q: Brothers Wayne and Garth twins in their mid-40s, but they still live with their parents. Finally on their 45th birthdays, they are told by their parents that they must move out within 60 days. A. Because they have remained on the property for over 20 years as adults, they may remain because of their adverse possession. B. Because they have remained on the property for over 20 years as adults, they may remain because they have an easement by prescription. C. Because they have remained on the property for over 20 years as adults, and have been open and notorious, they may remain on the property based on eminent domain. D. Because their parents have permitted them to stay in the house for over 20 years, they must move out. E. Because they are next of kin, they may stay in the house as potential possessors.

Q: Larry loses his watch in a city park. Frieda finds the watch lying in the grass while strolling through the park. Frieda discovers Larry's name and address engraved on the back of the watch. Which of the following is correct (assume no city statutes exist regarding lost property)? A. Frieda may keep the watch because it is a misplaced property. B. Frieda may keep the watch because it is a lost property. C. Frieda must contact Larry and tell him that she has his watch. D. Frieda must turn the watch over to whoever runs the park. E. Larry may sue Freida for the watch.

Q: Which of the following most accurately describes dirt in your neighbor's wheelbarrow? A. The dirt in the wheelbarrow is an intangible good. B. The dirt in the wheelbarrow is a fixture. C. The dirt in the wheelbarrow is personal property. D. The dirt in the wheelbarrow is real property. E. The dirt in the wheelbarrow is considered abandoned.

Q: Willie gave his girlfriend Madonna a gold necklace for her birthday. The next day Madonna broke up with Willie and started dating his best friend Waylon. Willie is heartbroken and furious. He becomes so upset that he commits suicide. Can Willie's estate get the necklace back from Madonna? A. Willie's estate can recover the necklace because a donor is entitled to revoke or withdraw a gift within a reasonable period of time. B. Willie's estate can recover the necklace because Madonna paid no consideration for the gift. C. Willie's estate cannot recover the necklace because he intended to make the gift, delivered it, and Madonna accepted. D. Willie's estate can recover the necklace because it was wrongful of Madonna to cheat on him. E. Madonna may keep the necklace but must compensate Willie's estate for the fair market value of the necklace.

Q: A _____ deed promises the grantee (usually, the buyer) that the grantor (seller) has good ownership and the full power to convey it. A. special warranty B. pass title C. quitclaim D. freehold E. warranty

Q: Mike rents a car from Brandy for a day for $40. Which of the following statements is correct? A. This is a bailment for the sole benefit of the bailor. B. Brandy is the bailee. C. Mike owes the duty of slight care. D. Brandy must tell Mike of any defects regarding the car that aren't obvious. E. This is a bailment for the sole benefit of the bailee.

Q: The _____ limits all exercise of property over resources to a duration of "lives in being plus twenty-one years." A. rule of transaction B. rule against perpetuities C. rule of first possession D. rule against lateral transfers E. rule against eventualities

Q: A _____ deed makes no guarantees other than that the grantor surrenders all claim against the land. A. simple warranty B. trust C. quitclaim D. special warranty E. fiduciary

Q: An easement: A. creates ownership of the land in question. B. exists for the benefit of pharmaceutical corporations. C. occurs when landlocked property is purchased. D. creates a leasehold estate. E. places a particular use of land behind the exclusive legal fence.

Q: A(n) _____ gift is made through a will. The rules of such a gift pass ownership not by delivery but upon the death of the donor and the proving of a valid will that specifies the gift. A. fee simple. B. life estate. C. fungible. D. testamentary. E. accession.

Q: Sarah has given 24 acres of land to Kent County for as long as the land is used as a park. Kent County has a: A. life estate. B. fee simple defeasible. C. fee simple absolute. D. tenancy in common. E. warranty deed.

Q: Which of the following is intangible property? A. A patent B. A car C. Oxygen D. A house E. Gold

Q: Which of the following is a bailment for the sole benefit of the bailee? A. Borrowing a pencil B. Renting a car C. Babysitting for free D. Finding lost or misplaced property E. Using a car without permission

Q: What type of laws divides counties or municipalities into use districts designated as residential, commercial, or industrial? A. Purchase money security interest B. Zoning ordinance C. Adverse possession D. Eminent domain E. Partitioning

Q: Which of the following would be granted the greatest priority? A. A perfected secured lien B. A secured lien C. An attached lien D. A preliminary lien E. An artisan's lien

Q: The Supreme Court has stated that it is unconstitutional for governments or government entities to take private land for public development.