Q&A Hero

Q: Adding value to a piece of personal property by labor or materials is accession.

Q: A statement of opinion is generally subject to a claim of fraud.

Q: The implied warranty of habitability does not apply to substantial physical defects that a landlord knows about.

Q: A gift causa mor­tis is effective only if the donor dies and the donee lives.

Q: One of the elements of fraudulent misrepresentation is an adhesion contract.

Q: A tenant is not responsible for the ordinary wear and tear of leased premises.

Q: An innocent party can enforce a fraudulent contract.

Q: Constructive eviction occurs when a tenant moves off the premises in re­taliation against the landlord.

Q: A gift to a dying donee is a gift causa mortis.

Q: Overestimating the value of an object is a mistake for which a court will normally provide relief.

Q: A lease is enforceable even if the premises are intended to be used for an ille­gal purpose.

Q: Delivery of intangible personal property is never accomplished by constructive delivery.

Q: Mistakes in judgment as to value or quality will permit one to avoid a contract.

Q: Constructive delivery occurs when property is physically transferred.

Q: Under the covenant of quiet enjoyment, a landlord promises that a ten­ant will not be disturbed in the possession of the premises.

Q: If a price quotation contains a mistake in the adding of a number of figures, the contract may not be enforceable.

Q: A gift is effective whether or not it is accepted.

Q: A contract is always enforceable even if one party is aware that the other party made a mistake of fact.

Q: Generally, contract doctrines apply to a landlord-tenant relationship.

Q: A gift must be supported by legally sufficient consideration.

Q: The possession of land without right is a tenancy at will.

Q: If the parties to a contract attach materially different meanings to a contract term, the contract cannot be rescinded.

Q: Writers acquire ownership of their work through production.

Q: A landlord is usually required to give some period of notice to terminate a periodic tenancy.

Q: When both parties are mistaken as to the same material fact, neither party can rescind the contract.

Q: Killing a wild animal amounts to assuming ownership of it.

Q: A fixed-term tenancy terminates automatically when its terms ends.

Q: A fixed-term tenancy is created when a lease does not specify its duration.

Q: One cannot acquire ownership by possession by "capturing" a wild animal.

Q: Great Prep School is a private high school with a dress code that stipulates the length of its students' hair. Harry, who is a Great Prep student, lets his hair grow long during his junior year and the summer preceding his senior year. At the beginning of Harry's senior year, school officials demand that he cut his hair, and tell him that he will be expelled if he does not. Harry files a suit against Great Prep. On what grounds might Harry most successfully base his claim? Is the court likely to rule in Harry's favor on any of these grounds? Why or why not?

Q: A fixed-term tenancy terminates at the end of the specified period without notice.

Q: Airway International, Inc., is a commercial passenger airline. Airway includes on its tickets a clause that states the airline is not liable for any injury to, or the death of, any passenger caused by its, or its employees', negligence. An Airway flight from Boston to New York crashes into Long Island sound, resulting in the deaths of all passengers. The cause of the accident is found to be due to Airway's negligence. Based on the clause on its tickets, can Airway avoid liability?

Q: Bob runs an illegal business and pays Carl, a law enforcement officer, not to interfere. The payments are discovered. Bob and Carl are sent to prison. Bob can successfully sue Carl for the return of a. none of the money. b. only the money paid to Carl that Carl has not spent. c. only the money paid to Carl that Carl has spent. d. all of the money paid to Carl.

Q: Eminent domain is the right of an owner in fee simple ab­solute to use his or her property in whatever way he or she wishes.

Q: Through fraudulent means, Fred induces Gail to sign a contract to invest with him the profits from High Styles, her clothing store. When Gail learns the truth, she may a. do nothing with respect to the contract. b. enforce the contract only. c. enforce the contract or recover the money paid. d. recover the money paid only.

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: Dina signs a contract with Ellen to kill Frank. Ellen pays Dina but she refuses to perform. Ellen can a. do nothing with respect to the contract. b. enforce the contract only. c. enforce the contract or recover the money paid. d. recover the money paid only.

Q: Property used by a government for a public purpose such as a park is community property.

Q: If property is owned as community property, each spouse owns an undivided one-half interest in it.

Q: For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights.

Q: National Insurance Company violates a statute when selling an insurance policy to Opal. The policy may be enforced by a. National Insurance only. b. National Insurance or Opal. c. no one. d. Opal only.

Q: It is presumed that a co-tenancy is a tenancy in common unless it is clear that the parties intended to establish a joint tenancy.

Q: In most states, the seller of a new house warrants that it is fit for habitation.

Q: A contract between Kim and Larry to lease real property contains an exculpatory clause. This clause is a. enforceable as a matter of public policy. b. enforceable if either party is in a business important to the public. c. enforceable if the lease involves residential property. d. generally unenforceable.

Q: A joint tenant's sale of his or her interest terminates the joint tenancy.

Q: Eve works for Fresh Produce Corporation (FPC) without special training, trade secrets, confidential information, or customer lists. A covenant not to compete restricts Eve, on leaving FPC's employ, from working for an FPC competitor for one year in ten states, including several in which FPC does not do business. Under the ruling of the court in Case 2, Moore v.Midwest Distribution, Inc., this covenant is most likely a. enforceable because covenants not to compete are always enforceable when accompanying an employment agreement. b. enforceable because it reasonably protects FPC's legitimate business interest. c. unenforceable because covenants not to compete are never enforceable when accompanying an employment agreement. d. unenforceable because it does not reasonably protect FPC's legitimate business interest.

Q: A quitclaim deed warrants more than any other deed.

Q: In a tenancy in common, the interests are divided.

Q: John agrees to sell his sports equipment store to Kay and, as part of the sale, promises not to open a similar store in the United States for twenty years. John's promise is a. an unreasonable restraint of trade like all covenants not to compete. b. unreasonable in terms of geographic area and time. c. unreasonable in terms of Kay's "goodwill" and "reputation." d. valid and enforceable.

Q: A person who holds the entire bundle of rights in property is the owner in fee simple.

Q: A warranty deed provides the most protection against defects of title.

Q: Lara is a real estate broker licensed only in Minnesota. Lara concludes a sale in North Dakota. She can successfully sue to a. collect the commission only. b. collect the commission or keep it if it has already been paid. c. keep the commission if it has already been paid but not to collect it. d. neither collect the commission nor keep it.

Q: A copyright is tangible personal property.

Q: An easement can be created by implication.

Q: A profit is a right to make a profit from some part of land or some product of the land, and the right terminates once that profit is made.

Q: Nick represents himself as a contractor in Ohio, but he is not licensed in that state. A contract between Pat and Nick by which Nick agrees to build a warehouse for Pat in Ohio is a. enforceable only if Pat does not object after learning of Nick's status. b. enforceable only if Pat knows that Nick is unlicensed. c. enforceable only if the outcome is successful. d. not enforceable.

Q: A car is tangible personal property.

Q: Life tenants are persons who share ownership rights simultaneously.

Q: Allen and Beth decide to wager, in violation of a state statute, on the outcome of a baseball game. They each deposit money with Cory, who agrees to pay the winner of the bet. Before the game begins, Beth tells Cory that she has changed her mind about the bet. Beth can recover a. the amount of her bet and the amount of Adam's bet. b. the amount of her bet minus Cory's expenses. c. the amount of her bet only. d. nothing.

Q: Patents are not considered personal property.

Q: The holder of a life estate has the right to use property for whatever purpose he or she sees fit without regard to the rights of a fee simple owner.

Q: A court adjudicates Holly mentally incompetent and appoints a guardian. Holly subsequently signs a contract to sell her house. The contract is a. enforceable if Holly comprehended the consequences. b. enforceable if Holly knew she was entering into a contract. c. enforceable if the house was entirely paid for. d. void.

Q: Intangible personal property represents a set of rights and interests but has no real physical existence.

Q: While a minor, Jason buys a car that he continues to use and keep in repair after reaching the age of majority. Jason has a. disaffirmed the contract. b. ratified the contract. c. rejected the contract. d. rescinded the contract.

Q: A contract for the sale of commercial realty should indicate what items are included in the sale.

Q: There are three categories of property.

Q: Personal property may become real property by attaching it to real property.

Q: Elle, a minor acting on her own, signs a contract to buy a horse from Field Equine Ranch. Later, Elle disaffirms the deal. Liability most likely rests with a. Elle and her parents. b. Elle only. c. Elle's parents only. d. neither Elle nor her parents.

Q: French's Fast Fries (3F) requires that its employees wear uniforms and protective clothing while on the job. 3F provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states, "French's is not re­sponsible for the loss of any property in the locker room." Grant, a 3F employee, changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift, the wallet and watch are gone. Does Grant's leaving personal items in the locker room constitute a bailment? If so, what type of bailment? If not, what legal relationship is it? Does 3F's sign exculpate the com­pany for Grant's loss? Why or why not?

Q: Ann, an emergency medical technician, renders medical care to Brad, a minor. Under the ruling of the court in Case 13.1, Yale Diagnostic Radiology v. Estate of Harun, Ann may recover the cost from a. Brad only. b. Brad or Brad's parent. c. Brad's parent only. d. no one.

Q: An item cannot be a fixture unless it is physically attached to the land.

Q: During a storm on Blue Lake, a boat sinks, but its owner Cappy survives. Cappy plans to return to the site of wreck to salvage its equipment and his possessions, but he delays. Meanwhile, Dick, an amateur diver, discovers the wreck and strips it clean of useful items. Cappy learns of the recovery and files a suit against Dick, claiming that the items are his. Dick responds that the sunken boat was abandoned and therefore he has good title to everything to which he took possession. What is the court likely to rule, and why?

Q: Venerable Company leases office furniture to Design Architects, Inc., under a contract that states, "Bailee agrees to pay Bailor for any damage to the furniture." During the lease, while the furniture is in Design's possession, it is stained by inks used in computer printers, copiers, fax machines, and so on. Most likely liable for the damage is a. Venerable. b. Design. c. "Bailor." d. no one.

Q: Plant life is not considered to be real property.

Q: Jack, a minor, takes out an automobile insurance policy and pays a $1,000 premium. If Jack disaffirms the contract, he can most likely recover a. $500. b. $1,000. c. $1,500. d. nothing.

Q: Owen takes a Paisley-made pinball machine to Quality Games, Inc., for repair. Lacking certain parts, Quality ships the game to Regal Repair Company. Regal does not return the game. Most likely to suffer the loss is a. no one. b. Owen. c. Paisley. d. Regal.

Q: Land includes the artificial structures attached to it.

Q: Gary, a minor, buys a car from Hot Cars, Inc., in a state in which a duty of restitution is imposed. After wrecking the car, Gary wants to return it. Gary a. can keep the car without paying for it or the damage. b. cannot return the car unless it can be fully repaired. c. can return the car but must pay for the damage. d. can return the car without paying for the damage.

Q: Early one morning, Tab agrees to lend his bike to Sheila, who promises to return it in the evening. Because there is no consideration, there is no contract. This is a. a constructive bailment. b. an involuntary bailment. c. an express bailment. d. no bailment.