Business Law II Chapters 7 47, 48 & 49

Landlord's Duties to a Tenant

(1) duty to deliver possession of the leased premises to the tenant, (2) duty not to interfere with the tenant's right of quiet enjoyment of the premises, and (3) duty to maintain the leased premises. (A duty that is not considered a duty is implied warranty)

If the landlord refuses to cure a defect after a reasonable time, a tenant who has been constructively evicted may

(1) sue for damages and possession of the premises or (2) treat the lease as terminated, vacate the premises, and cease paying rent. The landlord is not responsible for wrongful acts of third persons that were done without his or her authorization.

Marks that cannot be registered:

-Flags -Immoral or scandalous marks -Geographic names -Surnames -Any mark resembling a mark already used

What is not paten-able?

-Law of nature -Math Equations -Must be Useful -Non-obvious

Trademarks

-Legal claim of a mark that is associated with a product, may be registered (if registered must be used within 6 months in commerce)

Certain personal property is so closely associated with real property that it becomes part of the realty. Such items are called

-fixtures -Kitchen cabinets, carpet, and doorknobs are fixtures, but throw rugs and furniture are personal property

Two reasons to evict

1) Non-payment 2) Violating duty and holdover lease term

What are the different types of ownership?

1)fee simple absolute (or fee simple) 2.fee simple defeasible (or qualified fee), and 3. life estate' 4.. Concurrent

Trade marks are used for identifying

1. Association of the product 2. Branding 3. identifying a product Trademarks protect the following: Names, symbols, words, designs, logos and signals

In a bailment, the owner of the property is the ------. The party to whom the property is delivered for safekeeping, storage, or delivery (e.g., ware- house, common carrier) is the --------

1. Bailor 2. Bailee

What are the different types of intellectual property

1. Copy rights 2. Trademarks 3. Patents 4. Trade secrets

What are the four duties tenants owe?

1. Duty to Pay Rent 2. Duty Not to Use Leased Premises for Illegal or Non Stipulated Purposes 3.Duty Not to Commit Waste 4. Duty Not to Disturb Other Tenants

What are the two types of gifts

1. Gift inter vivos. 2. Gift causa mortis.

Three types of possession

1. Purchase 2. Production 3. Gift

There are two different types of patents

1. Utility patent 2. Design patent

The original tenant is the ________, and the new tenant is the

1. assignor 2. assignee

The original tenant is the -------, and the new tenant is the -------

1. sublessor 2.sublessee

Name the four types of tenancies

1. tenancy for years, 2. periodic tenancy 3. tenancy at will 4. tenancy at sufferance.

For businesses, copyrights last

120 years from the date of the creation or 95 years from year of publication

How many duties do tenants owe to a landlord?

4

How many types of tenancies are there?

4

This is referred to as the tenant's duty to pay rent

A commercial or residential tenant owes a duty to pay the agreed-on amount of rent for the leased premises to the landlord at the agreed-on time and terms.

Gift causa mortis

A gift causa Mortis is a gift made in contemplation of death.

Gift

A gift is a voluntary transfer of property without consideration. The lack of consideration is what distinguishes a gift from a purchase. The person making a gift is called the donor.

Gift inter vivos

A gift made during a person's lifetime that is an irrevocable present transfer of ownership

Transfer of Leased Property by Landlords P.T 2

A landlord can sell the right to receive rents. In such case, after proper notice, the tenants are to pay rent to the designated party. The landlord still owes normal duties to the tenants, however.

Transfer of Leased Property by Landlords

A landlord can sell, gift, devise, or otherwise transfer his or her ownership interest in property he or she owns that is subject to leases. If complete title is transferred, the property is subject to the existing lease. The new owner-landlord cannot alter the terms of the lease (e.g., raise the rent) during the term of the lease unless the lease so provides.

Eviction proceeding

A legal process that a landlord must complete to evict a holdover tenant.

---------- is an interest in real property for a person's lifetime; on that person's death, the interest is transferred to another party.

A life estate

Future Interests

A person may be given the right to possess property in the future rather than in the present. This right is called a future interest.

Lease

A rental agreement between a landlord and a tenant

Reversion

A reversion is a right of possession that returns to the grantor after the expiration of a limited or contingent estate Reversions do not have to be expressly stated because they arise automatically by law.

Easement

A right to use someone else's land without owning or leasing it.

fee simple defeasible (qualified fee)

A type of ownership of real property that grants the owner all the incidents of a fee simple absolute except that it may be taken away if a specified condition occurs or does not occur.

Fee Simple Absolute (or Fee Simple)

A type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property.

Tangible

All real property (buildings) and physically defined personal property, such as goods, animals, and minerals.

Accession

An increase in the value of personal property because it is added to or improved by natural or manufactured means.

Assume you have a car worth thousands and you bring it to the mechanic for an oil change, this is considered a

Bailment

Trademark infringement

Causing confusion to consumers (Has to be selling similar products for it to be an infringement) The more distinctive your trademark name is the better

Condominium

Condominiums are a common form of ownership in multiple-dwelling buildings. Purchasers of a condominium (1) have title to their individual units and (2) own the common areas (e.g., hallways, elevators, parking areas, recreational facilities) as tenants in common with the other owners.

Deeds

Deeds are used to convey real property by sale or gift. The seller or donor is called the grantor. The buyer or recipient is called the grantee. A deed may be used to transfer a fee simple absolute interest in real property or any lesser estate

Defenses for Copyright Infringement:

Fair Use Doctrine -Quotes for review -Quotes in the news -Illustrating a lesson -Reproduction of work for litigation

Example of Revision:

I will give you my house if you marry my daughter, if you divorce, ownership goes back to me

Title to personal property is frequently acquired by will, living trust, or inheritance.

If a person dies with a valid will or living trust, the property is distributed to the beneficiaries named in the will or living trust, pursuant to the provisions of the will or living trust.

Sublease

If a tenant transfers only some of his or her rights under a lease, it is a sublease

Remainder

If the right of possession returns to a third party on the expiration of a limited or contingent estate, it is called a remainder. The person who is entitled to the future interest is called a remainder beneficiary

Antidiscrimination Laws and Real Property

Important federal statutes that prohibit discrimination in housing are the Civil Rights Act of 1866, Fair Housing Act of 1968, and the Americans with Disabilities Act of 1990

Double net lease.

In a double net lease arrangement, the tenant is responsible for paying rent, property taxes, and utilities.

What is a Net lease?

In a net lease arrangement, the tenant is responsible for paying rent and property taxes.

Net, net, net lease (or triple net lease)

In a net, net, net lease (triple net lease) arrangement, the tenant is responsible for paying rent, property taxes, utilities, and insurance.

Tenancy in common

In a tenancy in common, the interests of a surviving tenant in common pass to the deceased tenant's family or friends and not to the co-tenants (only their portion)The parties to a tenancy in common are called tenants in common.

Adverse Possession

In most states, a person who wrongfully possesses someone else's real property obtains title to that property if certain statutory requirements are met. This is called adverse possession.

What can be patened?

Machine, processes, asexually reproducing plants and living material created by man

Many local communities across the country have enacted rent-control ordinances that stipulate an amount of rent a landlord can charge for residential housing.

Most of these ordinances fix the rent at a specific amount and provide for minor annual increases. Landlords, of course, oppose rent control, arguing that rent- control ordinances are merely a regulatory tax that transfers wealth from landlords to tenants

How does one apply for a patent?

Must apply through Washington d.c in patent trademark, 3 years within filing it can be wither accepted or not, each application needs great detail

Abandonment of mark

No use of a mark for three consecutive years

Design Patent

No utility, only design, works for 14 years

Utility Patent

Patents that are for useful items for 20 years

There are three types of property: real property, personal property, and intellectual property. Real property includes land, buildings, mineral rights, and permanent fixtures.

Personal property (sometimes referred to as goods or chattels) consists of everything that is not real property. Real property can become personal property if it is removed from the land.

Trade secrets

Product formula, patterns, designs, business secrets or compilation of data

Production

Production is a common method of acquiring ownership of personal property. A manufacturer that purchases raw materials and produces a finished product owns that product.

Federal Law Acts

Prohibit reproduction of digital works

Abandoned Property

Property is classified as abandoned property if (1) an owner discards the property with the intent to relinquish his or her rights in it or (2) an owner of mislaid or lost property gives up any further attempts to locate it. Anyone who finds abandoned property acquires title to it. The title is good against the whole world, including the original owner.

Lost Property

Property is considered lost property when its owner negligently, carelessly, or inadvertently leaves it somewhere. The finder obtains title to such property against the whole world except the true owner. The lost property must be returned to its rightful owner, whether the finder discovers the loser's identity or the loser finds the finder.

Mislaid Property

Property that an owner voluntarily places somewhere and then inadvertently forgets.

Patenets

Protection for inventors must be able to discuss how it is made so that any person can do so, there will be protection for some period of time (14 years) has the exclusive right to distribute products (Granted by the goverment)

Copyrights

Protects tangible (written) material (must be original) This copyrights gives authors the right to establish, publish and sell their protected work Some examples include Books, lectures, movies, music, lyrics and slides

Intangible

Rights that cannot be reduced to physical forms, such as stock certificates, certificates of deposit, bonds, and copyrights.

Whats's the difference between a sublease?

Subleases differ from assignments in important ways. In a sublease, no legal relationship is formed between the landlord and the sublessee. Therefore, the sublessee does not acquire rights under the original lease. For example, a sublessee would not acquire the sublessor's option to renew a lease. Further, the landlord cannot sue the sublessee to recover rent payments or enforce duties under the original lease.

Options for the plaintiffs when suing for copyright infringements :

Sue for Damages, profits or file an injunction

Fair Housing Act

The Fair Housing Act of 1968,3 as amended, is a federal statute that makes it unlawful for a party to refuse to sell, rent, finance, or advertise housing to any person because of his or her race, color, national origin, sex, religion, disability, or family status

Purchase

The most common method of acquiring title to personal property is if a party purchases the property from its owner.

Joint Tenancy

The most distinguished feature of a joint tenancy is the co-owners' right of survivorship. This means that on the death of one of the co-owners (or joint tenants), the deceased person's interest in the property automatically passes to the surviving joint tenant or joint tenants. Any contrary provision in the deceased's will is ineffective.

Mislaid Property P.T 2

The person who mislaid the item, is the owner of the poverty. The person who finds it has possession against all (no title) except the previous owner

Eminent domain

The process by which the government can acquire private property for public use.

How many ways are there for people to co-own real property? Name them

There are three ways tenants can co-own. They are the following: 1. Joint Tenancy 2. Tenant in common 3. tenancy by the entirety

How many types of future interests are there? What are they?

There are two types of future interest. 1. Reversion 2. Remainder

Pursuant to constitutional authority, federal, state, and local governments have enacted laws that regulate the ownership, sale and transfer, possession, lease, and use of real property.

These laws include zoning, rent control, antidiscrimination, and environmental and other laws. In addition, governments are provided the constitutional right to take private property for public use under certain conditions.

Civil Rights Act of 1866

This federal statute prohibits discrimination in the selling and renting of property based on race or color.

Sometimes personal property is delivered to another party for transfer, safe-keeping, or some other purpose.

This is called a bailment

Concurrent Ownership

Two or more persons may own a piece of real property.

Assignment and Sublease of a Lease by Tenants

Unless otherwise restricted by the lease, a tenant may transfer his or her lease either by assignment of the lease or by sublease to another party.

A tenant is under a duty not to commit waste to the leasehold. What is waste?

Waste occurs when the tenant causes substantial and permanent damage to the leased premises that decreases the value of the property and the landlord's reversionary interest in it. Waste does not include ordinary wear and tear. The landlord can recover damages from the tenant for waste.

Assume you bring your car to Joe's Pizzeria, Joe who owns the Pizzeria was an old car salesman who sometimes sells cars on the side. Matthew goes to get pizza and asks about cars. Joe steals your car keys and sells your car. Who are you able to sue in this scenario and why

You are able to sue Joe because he stole and sold your car You are able to sue Matthew and receive the car back because Matthew failed to conduct his due diligence as a consumer since he purchased from Joe and Joe is not considered a merchant for car realty (b/c he is now in the pizza business)

If you go to a mechanic for an oil change and the mechanic sells your vehicle to Matthew, the mechanic becomes the thief. When you arrive back at the mechanic's shop you aren't able to locate your car. Who are you able to sue or not sue and why?

You are able to sue the mechanic because you created a bailment with the mechanic You are not able to sue Matthew in this case because consumers are not required to do their due diligence because they are receiving the item from a merchant (a professional) within the industry

Example of Remainder

You will have ownership upon my death

Service Marks

a Mark that is associated with a service

A cooperative is a form of co-ownership of a multiple-dwelling building in which

a corporation owns the building, and the residents own shares in the corporation.

A landlord owes a duty not to interfere with a tenant's right to quiet enjoyment of the leased premises. The law implies

a covenant of quiet enjoyment in all leases. Under this covenant, the landlord may not interfere with the tenant's quiet and peaceful possession, use, and enjoyment of the leased premises. The covenant is breached if the landlord or anyone acting with the landlord's consent interferes with the tenant's use and enjoyment of the property. T his interference is called wrongful eviction, or unlawful eviction.

Personal property that is permanently affixed to land or buildings is called

a fixture.

A direct result of this is the trademark becoming a

a generic terms and can lose its protection because it became a word for an action and not the actual brand

Copyright infringement occurs when

a person claims to have created or made a product that is using the publications of the original copyright owner for their own benefit

Technically, a tenant at sufferance is

a trespasser A tenant at sufferance is liable for the payment of rent during the period of sufferance.

A tenancy at sufferance is created when a tenant retains possession of property

after the expiration of a tenancy or a life estate without the owner's consent (Lease expires but you continue to live there)

A tenancy for years is created when a landlord and a tenant

agree on a specific duration for the lease. Any lease for a stated period—no matter how long or short—is called a tenancy for years. A tenancy for years terminates automatically, without notice, on the expiration of the stated term

(Tenancy at Sufferance) Most states require an owner to go through certain legal proceedings, called

an eviction proceeding or unlawful detainer action, to evict a holdover tenant. A few states allow owners to use self-help to evict a holdover tenant, as long as force is not used.

If a tenant transfers all of his or her interests under a lease, it is an

assignment of a lease.

Situations where a person takes their personal property and gives it to someone (temporary possession) for a particular time and intent to retrieve in the future, creates a

bailment

Sometimes marks can become too popular and it then

becomes diluted

States and local municipalities have enacted statutes called -------

building codes, or housing codes.

There are no requirements for registering a copyright

but it is recommended

A periodic tenancy may be terminated

by either party at the end of any payment interval, but adequate notice of the termination must be given. Under common law, the notice period equals the length of the payment period. That is, a month-to-month tenancy requires a one-month notice of termination.

Theoretically, mineral rights extend to the

center of the earth.

When a marriage is dissolved by divorce or annulment, the parties obtain

certain rights in the property that comprises the marital state.

In common law, the doctrine of caveat lessee—"lessee beware"—applied to leases. The landlord made no warranties about the quality of the leased property and had no duty to repair it. The tenant took the property "as is." Modern real estate law, however, imposes

certain statutory and judicially implied duties on landlords to repair and maintain leased premises. Thus, the landlord owes a duty to maintain the leased premises as provided in the lease, by express law, and as implied by law. This is known as the duty to maintain the leased premises

Even if consumers purchase an stolen item innocently they are still liable because consumers must

conduct their due diligence

Constructive eviction is a term used in the law of real property to

describe when a landlord sidesteps the formal, legal eviction process, and instead attempts to force the eviction of the tenant by rendering the property uninhabitable.

The owner of land possesses subsurface rights, or mineral rights, to the

earth located beneath the surface of the land.

A person's ownership right in real property is called an

estate inland (or estate). -An estate is defined as the bundle of legal rights that the owner has to possess, use, and enjoy the property. -The type of estate that an owner possesses is determined from the deed, will, lease, or other document that transferred the ownership rights to him or her

tenancy at will may be created

expressly (e.g., "to tenant as long as landlord wishes") but is more likely to be created by implication. Most states have enacted statutes requiring minimum advance notice for the termination of a tenancy at will. The death of either party terminates a tenancy at will.

There are no state laws regarding patents only

federal laws

Trademarkers are responsible

for policing infringements

Copyright owners are responsible

for suing those who are infringing, to sue for this cause your copyright must be registered

In a --------, the tenant pays a gross sum to the landlord. The landlord is responsible for paying the property taxes and assessments on the property.

gross lease

Plant life and vegetation

growing on the surface of land are considered real property. Such vegetation includes both natural plant life (e.g., trees) and cultivated plant life

The assignor remains responsible for his or her obligations under the lease unless specifically released from doing so by the landlord. If the landlord recovers from the assignor, the assignor

has a course of action to recover from the assignee.

A periodic tenancy is created when a lease specifies

intervals at which payments are due but does not specify the duration of the lease. A lease that states, "Rent is due on the first day of the month" establishes a periodic tenancy

Tenancy by the entirety

is a form of co-ownership of real property that can be used only by married couples. This type of tenancy must be created by express words (e.g., "Harold Jones and Maude Jones, husband and wife, as tenants by the entirety"

Landlord and Tenet Relationship

is created when the owner of a freehold estate in real estate (i.e., an estate in fee or a life estate) transfers a right to possess the owner's property exclusively and temporarily.

Real property

is immovable or attached to immovable land or buildings,

Personal property

is movable

Unless a trade secret is discovered via reversed engineer

it cannot be used a if reversed it is, the trade secret can be used but not with the trademark

Once copyrights expire,

it goes into public domain

The owner who transfers the leasehold estate is called the

landlord, or lessor.

The tenant's interest in the real property is called a

leasehold estate, or lease- hold.

(Billing and housing codes ) These statutes impose specific standards on property owners to

maintain and repair leased premises. They often provide certain minimum standards regarding heat, water, light, and other services. Depending on the statute, violators may be subject to fines by the government, loss of their claim for rent, and imprisonment for serious violations.

A freehold estate is an estate in which the owner has a present possessory interest in the real property; that is, the owner

may use and enjoy the property as he or she sees fit, subject to applicable government regulation or private restraint.

Infringement lawsuits for trade secrets are commonly called

misappropriation

A lease is often a form contract that is prepared by the landlord and presented to the tenant. This practice is particularly true of residential leases. Other leases (business) are often

negotiated between the parties.

The tenant receives a ----------in the real property; that is, the tenant has a right to possession of the property but not title to the property.

nonfreehold estate

A landowner usually purchases the surface rights to the land—that is, the right to

occupy the land. The owner may use, enjoy, and develop the property as he or she sees fit, subject to any applicable government regulation

Bailment

occurs when the owner of personal property delivers his or her property to another person, either to be held, stored, or delivered or for some other purpose.

Leases can generally be either oral or written, but most Statutes of Frauds require that leases for periods of time longer than

one year must be in writing.

Under an assignment, the assignee acquires all the rights that the assignor had under the lease. The assignee is obligated to

perform the duties that the assignor had under the lease. That is, the assignee must pay the rent and perform other covenants contained in the original lease.

Land is the most common form of

real property

A life estate is an interest in

real property that lasts for the life of a specified person, usually the grantee. The person who is given a life estate is called the life tenant.

Buildings constructed on land are

real property. Houses, apartment buildings, manufacturing plants, and office buildings constructed on land are real property. Structures such as radio towers and bridges are usually considered real property as well.

If someone copies a patent, the plaintiff can

receive ebble damages, injunction and damages

The eviction moratorium prohibits any action by a landlord, owner, or other person to

remove or cause the removal of a covered tenant from the residential property for non-payment of rent.

When a thief sells you something, they don't own good title, therefore the person who bough the item needs to

return it

Owners of a condominium may

sell or mortgage their units without the permission of the other owners. Owners are assessed monthly fees for the maintenance of common areas.

Each joint tenant has a right to

sell or transfer his or her interest in the property, but such conveyance terminates the joint tenancy. The parties then become tenants in common.

Types of Personal Property

tangible and intangible

A lease that may be terminated at any time by either party creates a

tenancy at will

The sublessor is not released from his or her obligations under

the lease unless specifically released by the landlord.

The courts of many jurisdictions hold that an implied warranty of habitability applies to residential leases for their duration. This warranty provides that

the leased premises must be fit, safe, and suitable for ordinary residential use.

Where there is a bailment and the bailor transfers their property to a bailee and the bailee sells to a third party, if the

third party is a merchant of good of any kind (related to the industry that the product is from) the bailor will not be a bole to retrieve it back

A tenant owes a duty not

to disturb other tenants in the same building. A landlord may evict a tenant who interferes with the use and quiet enjoyment of other tenants.

A tenant may use the leased property for any lawful purposes permitted by the lease. Leases often stipulate that the leased premises can be used only for specific purposes. The tenant owes a duty not

to use leased premises for illegal or nonstipulated purposes. If the tenant uses the leased premises for unlawful purposes (e.g., operating an illegal gambling casino) or nonstipulated purposes (e.g., operating a restaurant in a residence), the landlord may terminate the lease, evict the tenant, and sue for damages.

On non-payment of rent, the landlord is entitled to recover possession of the leased premises from the tenant. This may require the landlord to evict the tenant. Most states provide a summary procedure called

unlawful detainer action that a landlord can bring to evict a tenant. The landlord may also sue to recover the unpaid rent from the tenant. The more modern rule requires the landlord to make reasonable efforts to mitigate damages (i.e., to make reasonable efforts to release the premises).

A landlord owes a duty to deliver possession of the leased premises to the lessee. A lease grants the tenant exclusive possession of the leased premises

until (1) the term of the lease expires or (2) the tenant defaults on the obligations under the lease. The landlord is obligated to deliver possession of the leased premises to the tenant on the date the lease term begins. A landlord may not enter leased premises unless the right is specifically reserved in the lease.