BLAW: Quiz 6 - Property Law (Questions)

B

(A. Tenancy in common / B. Joint tenancy), which is typically the form of ownership in land used for property acquired by spouses as their marital home, is distinguished by the right of survivorship.

A

A court will grant an injunction before trial in a matter involving the alleged infringement of intellectual property as long as the plaintiff has demonstrated that there is a serious issue to be tried, irreparable harm may be caused, and the balance of convenience favours the applicant. a) True b) False

D

A mortgage covering the loan arranged by Kryhalla Spa Inc. has been forwarded to the land titles system. What is the most likely result once the document has been registered? a) Registration gives the owner an occupier's right to the land. b) Registration transfers ownership to the lender for the duration of the loan. c) Registration creates a right to have ownership restored. d) Registration creates a charge on land until repayment is complete.

A

A party requesting a pretrial order to allow it to seize material suspected of infringing intellectual property rights is asking a court for an Anton Pillar order. a) True b) False

C

Aaron and Janelle enjoyed years of experiences shared through their rewarding ownership of Crystal Lake Cottage Resort Inc. When Aaron died unexpectedly, the title automatically transferred to Janelle. Aaron's family has decided to dispute Janelle's right to ownership. What is the name given to the type of ownership interest enjoyed by Aaron and Janelle that allowed her to acquire ownership in this manner? a) co-ownership b) tenancy in common c) joint tenancy d) fee simple

A

Excised human tissue constitutes a form of personal property that is capable of being owned. a) True b) False

D

François and Wallace have been neighbours for ten years. François arranged to have a new garage constructed in his backyard. He provided the builders with his surveyor's certificate, but after completion the garage encroached onto Wallace's land. What is the most likely and amicable method of resolving the encroachment? a) a restrictive covenant b) a lease c) civil litigation d) an easement agreement

A

From a lender's perspective, which of the following is the focus of a mortgage? a) preserving the value of the land in question b) controlling use of the land c) the personal guarantee of the borrower

C

Geoffrey made arrangements for storing his houseboat for the winter at BoatsRStored4U Inc. What is the most immediate legal question that Geoffrey should be clear on before he allows the storage company to take physical possession of his boat? a) When should he provide proof of ownership and valuation? b) What will happen if BoatsRStored4U goes out of business? c) Who will bear the risk of loss or damage and have the obligation to purchase insurance?

B

Graham has granted a cellphone company permission to erect a transmission tower on his property. What type of right has Graham granted? a) a restrictive covenant b) an easement c) joint tenancy

B

How does Canadian law provide for the protection of personal property? a) by application of the Charter of Rights and Freedoms b) by application of statutes and common law principles c) through the Constitution Act, 1867

C

In what way is a registry system different from a land titles system? a) conversion of paper records to microfiche records b) constitutional jurisdiction of the registry system c) absence of responsibility for validity of documents

C

Isabella and Martina are joint tenants of a commercial warehouse. What would happen if either Isabella or Martina were to die? a) The property would be subdivided, and each half interest would be sold by auction. b) The survivor would have the right to buy out the deceased owner's interest. c) Each interest is subject to a right of survivorship, and the rights of the deceased owner would pass to the surviving owner. d) The rights of the deceased owner would be inherited by the deceased's heirs.

C

Remmie owns the associated rights to property, the buildings, and everything affixed to them located on that property, and the property itself. How is this particular asset likely to be classified? a) as chattel property b) as intangible property c) as real property

C

The city has decided to green up its public transportation system by converting to light rail transit. Plans are underway to commence compensation negotiations with affected landowners. What is the legal name given to the type of authority that has been exercised in these circumstances? a) authority to regulate zoning b) authority of restrictive covenant c) authority to expropriate

A

The short-term rental of a piece of equipment would be a bailment relationship. a) True b) False

A

Under what circumstances will a carrier be found liable for damage to a customer's property? a) if the property is lost or damaged while in its possession b) only if it has assumed liability in contract c) if the goods are unusually fragile

B

What feature distinguishes bailment from a contract of purchase and sale? a) Most bailments are gratuitous, requiring no payment for use of property. b) A bailor retains ownership upon transfer of possession to the bailee. c) A bailment is typically short-term, while contracts cover a longer term.

B

What is most likely to be the result in circumstances involving an outstanding payment for the repair and subsequent storage of a sailboat? a) the severe limitation of the bailee's liability b) the retained possession and sale by right of lien, if needed c) the bailor's expectation of the receipt of property in good repair

B

What is the legal effect of a financing condition in an offer? a) There is no contract until the vender provides the seller with financing. b) The transaction will not proceed unless the buyer's lender grants a mortgage. c) The lender must approve the price, deposit, and method of payment. d) The lender will be given control of the money needed to complete the deal.

D

What is the most significant effect of the responsibility of the standard of care placed on carriers with respect to the property they carry? a) Defences relate mainly to events within a carrier's control. b) A bailor is required to prove fault. c) Defences mainly relate to the circumstances of the carrier. d) Carrier liability for mishaps is severely limited.

A

What is the name given to the right of a commercial landlord to seize the property of the tenant located in the leased premises? a) distress b) seizure c) injunction d) forced sale

A

What is the term for the system of land registration that guarantees title to land? a) land titles system b) first to file system c) the deed system

B

What term describes the acquisition of ownership of land by occupying land owned by someone else? a) inadvertent ownership b) adverse possession c) lien d) security interest

B

What type of land ownership confers the most comprehensive level of ownership possible? a) life estate b) fee simple c) joint tenancy

A

What would the courts NOT take into account when deciding if a bailee exercised reasonable care? a) whether the property being bailed was insured for loss or damage b) who benefits from the bailment c) the nature and value of the property that was bailed d) whether the bailee is a bailee for value or a gratuitous bailee

B

Which of the following best describes an innkeeper's common law liability for guest property? a) They have total control and therefore complete liability. b) They must take great care and are responsible for theft or loss. c) They are only responsible for losses caused by the innkeeper's staff. d) They are only liable for gross negligence.

B

Which of the following exemplifies possession without ownership? a) granting a trademark registration to an applicant b) granting a licence for use of a bio-waste technology c) registering a transfer of a freehold interest in land

A

Which of the following is NOT a form of patentable intellectual property for the purposes of Canadian patent law? a) forms of life b) business methods c) a process for applying herbicide d) a composition of matter

B

Which of the following is a distinguishing characteristic of an easement? a) It protects land from unwanted intrusion. b) It grants a right to use land for a particular purpose. c) It can be used to grant security interests.

C

Which of the following is a distinguishing characteristic of the legislated ability of innkeepers to post liability limits in their establishments? a) It gives shared control over guests' property through their occupation of their rooms. b) Standard form contracts are a common feature used by innkeepers to transfer risk of liability. c) It is lost due to innkeepers' negligent or deliberate acts or the deposit of the property for safekeeping. d) It gives an innkeeper a common law lien against the guests' property in its possession.

C

Which of the following is a key feature of a real estate lease? a) the right to alter the property b) pre-emptive possession c) the right of exclusive possession d) the right to sublease

D

Which of the following is an example of a bailment? a) transportation of personal property b) purchase of personal property c) a right of access to service an oil well d) depositing a car at a garage for servicing

B

Which of the following is an example of a legal duty or obligation that is typically associated with the ownership of land? a) duty to develop b) obligation to pay tax c) obligation to remove squatters

C

Which of the following is least likely to qualify for intellectual property protection? a) a unique recipe used by a restaurant b) the unique name of a restaurant c) a restaurant's practice of selling only organic foods d) a restaurant's advertising jingle

C

Which of the following is reflected by the requirement that a business offering bailment for value appropriately stores perishable items placed in its possession? a) special terms that limit liability set out in the parties' contract b) special regulations that set out the standard of care c) a standard of care based on the nature of the property

A

Which of the following is synonymous with equity of redemption with respect to real property law? a) the right to have legal ownership restored upon the repayment of the mortgage b) damages based on the value of the property on the date of equity redemption c) the right of owners to exclusively control land during the term of a lease d) damages substituted for the court's decree of a right to equity redemption

C

Which of the following might be used to transfer the right to use a particular method of manufacturing light bulbs? a) a bailment b) a security interest c) a licence

A

Which of the following would constitute a form of real property? a) a growing crop b) a holiday trailer c) a dinning room set

B

Which statement best describes the liability of an innkeeper for the property of its guests? a) Innkeepers cannot limit their liability in contract. b) Innkeepers may limit their liability but this protection is lost if they are negligent. c) Innkeepers can limit their liability of property has deposited with them for safekeeping. d) Innkeepers are not liable for the loss or damage of guest property.

A

Which statement best describes the rights and obligations of repair shops in possession of customer property? a) The repair shop must provide reasonable safekeeping and complete the repairs in a workmanlike manner. b) The repair shop is strictly liable for any loss or damage and must complete the repairs necessary to return the property to proper working order. c) The repair shop cannot charge for safekeeping and must complete the repairs in a workmanlike manner.

B

Why is a short-term lease or rental of property an attractive way for a business to acquire the use of equipment for a particular task or period of time? a) A lease protects creditors whether the arrangement is contractual or not. b) It makes little sense to purchase something that is not needed for a long period, unless, of course, the rental charges approach the cost of buying. c) The lessee must take reasonable care of the property while that property is in its possession and return it in the state that would be expected

C

Why is there no comprehensive system for publicly registering title to personal property? a) Personal property is often intangible and therefore cannot be registered. b) Personal property can be owned by many individuals at the same time and registration would lead to confusion. c) Personal property is often highly mobile and may be of low value. d) Personal property cannot be registered because it does not always have a serial number.