BUS 263 final exam

The deed that contains the most extensive covenants, or promises, against defects of title is a. a warranty deed. b. a deed of quiet enjoyment. c. a quitclaim deed. d. none of the choices.

a warranty deed.

Miles obtains a property insurance policy from Nova Insurance Company for Miles's restored 1957 Chevy. Nova can cancel the policy if Miles a. appears as a witness in a case brought against Nova. b. any of the choices. c. files a claim under the policy. d. fails to pay the premiums.

fails to pay the premiums.

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is a. a tenancy at will. b. a periodic tenancy. c. a fixed-term tenancy. d. a tenancy at sufferance.

a periodic tenancy.

Ross applies for a life insurance policy with Secure Insurance Company. The consideration Ross pays to the insurer is a. a premium. b. proceeds. c. a policy. d. a pool.

a premium.

Jack pays Kelly in good faith for a promissory note. Kelly warrants that the note has not been altered. This is a. a presentment warranty. b. a signature warranty. c. a transfer warranty. d. a breach of warranty.

a presentment warranty.

Adam promises his daughter Bev that she can have his restored 1968 Chevy Corvette when he dies. This is a. a valid gift. b. a present, not a future, transfer. c. a promise to make a gift, a present transfer, and a valid gift. d. a promise to make a gift.

a promise to make a gift.

Bram applies for a homeowners' insurance policy with Castle Insurance Inc. through Dian, an agent. In this transaction, Dian is a. an agent for both parties. b. Castle's agent, not Bram's agent. c. Bram's agent, not Castle's agent. d. an agent for neither party.

Castle's agent, not Bram's agent.

A contract whereby a landlord transfers the right to possession and use of property to a tenant for rent is a. an implied warranty of habitability. b. a lease agreement. c. a covenant of quiet enjoyment. d. a tenancy at sufferance.

a lease agreement.

Sol allows Tiffany to camp on his land for several days and take photos for an upcoming exhibit of landscape photography. Sol has given Tiffany a. a license. b. a profit. c. an easement. d. a fee simple absolute.

a license.

Dian, an agent for Expo Motors, Inc., writes a letter to Flynn on November 1 stating that she will sell him a 2017 Subaru Outback for $25,000 between November 1 and December 31. Dian's letter to Flynn is a. none of the choices. b. a contract for services. c. an acceptance. d. a merchant's firm offer.

a merchant's firm offer.

Emily writes and signs a check payable to "Festival Cinema." Georg, Festival's manager, indorses the check "For deposit only." This is a. a special indorsement. b. a blank indorsement. c. a qualified indorsement. d. a restrictive indorsement.

a restrictive indorsement.

Banquets & Parties (B&P) contracts to buy 1,000 balloons from Gas Bags, Inc., for $1 per item. When the market price decreases to 50 cents per balloon, B&P refuses to go through with the deal. Gas Bags can recover a. $500. b. $0. c. $1,500. d. $1,000.

$500.

Beef, Inc. raises calves to sell. Beef breeds its cows in April, and the cows calve in February of the following year. In January, Cold Cuts Inc. contracts with Beef to buy fifty calves. Identification takes place in a. when Cold takes possession of the calves. b. February, when the calves are born. c. January, when the contract is signed. d. April, when the calves are conceived

April, when the calves are conceived.

Ferris is refinishing his kitchen floor and needs a floor sander to complete the job. Ferris's neighbor Gina suggests that he call Home Repair Rentals, Inc. Home Repair leases Ferris a floor sander. In this transaction, the lessor is a. Ferris. b. Home Repair. c. none of the parties. d. Gina.

Home Repair.

Jill buys a kayak from a LakeCraft store, which agrees to keep it for her until she picks it up. Before Jill gets the kayak, an unforeseen tornado destroys the store and the goods. The loss is suffered by a. the maker of the kayak. b. the government agency that failed to foresee the tornado. c. LakeCraft. d. Jill.

LakeCraft.

James works at Kay's Breakfast Café. After work, in the parking lot, James finds a diamond ring lost by Lani. Title to the ring is possessed by a. the state. b. Kay's. c. James. d. Lani.

Lani.

Mary goes hunting during elk season. While trespassing on Nate's rural land, she shoots an elk. This elk is the property of a. Nate. b. Mary. c. the state. d. none of the choices.

Nate

Nick is the beneficiary of a life insurance policy on Ollie's life obtained from Peoples Insurance Company through Quinn, an insurance broker. The insurer of this policy is a. Peoples Insurance. b. Nick. c. Quinn. d. Ollie.

Peoples Insurance.

Gwen deposits $5,000 with Home Bank on July 1, 2018. Home Bank promises to repay Gwen the $5,000 plus 1 percent annual interest on July 1, 2023. Home Bank has issued Gwen a. a certificate of deposit. b. none of the choices c. a nonnegotiable instrument. d. a trade acceptance.

a certificate of deposit.

A contract between Fresh Fruit Corporation and Green Grocer, Inc., requires Fresh Fruit to deliver goods to Green Grocer's place of business. This is a. a warehouse receipt. b. a bill of lading. c. a shipment contract. d. a destination contract.

a destination contract.

Ellen conveys a house to Floyd with the right to possess and use the property for a period of time specified in an express contract. This is a. a fixed-term tenancy. b. a tenancy at sufferance. c. a tenancy at will. d. a periodic tenancy.

a fixed-term tenancy.

Kim and Leola own 10,000 shares of stock in My-T Gro Corporation. On the death of either owner, that owner's interest in the stock passes to the surviving owner. This is a. community property. b. a joint tenancy. c. a tenancy in common. d. ownership in fee simple.

a joint tenancy.

Petra signs a check payable to Quincy, who indorses the back, gives it to Regional Credit Union, and receives cash. The transfer of the check from Quincy to the credit union is a. a negotiation. b. an assignment. c. a sale. d. a payment.

a negotiation.

Carl has an easement that allows him to drive across Dave's land to get to Carl's house. With respect to Dave's land, Carl right is a. a right to adverse possession. b. a nonpossessory interest. c. the power of eminent domain. d. a possessory interest.

a nonpossessory interest.

Paramount Bookstores buys fifty cases of an assortment of books from Quixote Publishing with the right to return the unsold books in lieu of payment. This is a. a bailment. b. a sale or return. c. a lease. d. a sale on approval.

a sale or return.

Lee pays Mobile Electronics $600 for a new phone. Under the UCC, this is a. a lease. b. a sale. c. a merchant's firm offer. d. a contract for services.

a sale.

Red Bev LLC contracts to buy two tons of strawberries from Sweet Fruits, Inc. The contract states that Sweet Fruits is required to ship the strawberries to Red Bev by Truck Transport Inc. The contract is a. a warehouse receipt. b. a destination contract. c. a shipment contract. d. a bill of lading.

a shipment contract.

Inadvertently, Brie loses her textbook during an afternoon in City Park. She eventually gives up any attempt to find it. The textbook will then most likely be considered a. lost property. b. abandoned property. c. converted property. d. mislaid property.

abandoned property.

Lauren owns a 1967 Ford Mustang, which Mike customizes and details to Lauren's specifications. The car earns several awards at regional vehicle customizing competition shows. The result of Mike's efforts is a. accession. b. acquisition. c. requisition. d. conversion.

accession.

Barley that fills County Grain Co-op's silo is fungible if the barley is a. alike naturally, by agreement, or by trade usage. b. rotting due to a fungus caused by a leaky roof and a delay in shipping. c. fundamentally different. d. fun, good, and edible.

alike naturally, by agreement, or by trade usage.

Excluded from Article 2 of the UCC is a. corporate stocks and bonds. b. patents and copyrights. c. all of the choices. d. ordinary contract rights.

all of the choices.

Utility Company has the right to run its power lines across Vera's land. This is a. a fee simple absolute. b. a license. c. an easement. d. a profit.

an easement.

Belle finds a tablet on the counter at Café Latte. She takes it to a police station where she is told that if it is not claimed by a certain time, she can obtain title to it. This is acquiring possession by a. gift. b. confusion. c. an estray statute. d. production.

an estray statute.

Quincy draws a check payable to "Replay Stadium" to buy two season tickets to the next year's State College football games. This instrument is a. an order instrument. b. void. c. a bearer instrument. d. nonnegotiable.

an order instrument.

Sergio makes a gift of a check to Todd who takes it in good faith and without notice of any claim, defense, or defect. With respect to this check, Todd is a. none of the choices. b. an ordinary holder. c. an assignee. d. an ordinary holder in due course.

an ordinary holder.

Winifred leases an apartment from Lakeside Apartments. When the lease ends, Winifred refuses to leave the apartment and stops paying rent. Lakeside can collect damages a. based on the fair market rental value of the apartment. b. up to one-third the rental value of the apartment. c. up to twice the rental value of the apartment. d. up to half the rental value of the apartment.

based on the fair market rental value of the apartment.

Fred and Joanne are married. Joanne purchases a car. Fred and Joanne each technically own an undivided one-half interest in the car. This is a. a joint tenancy. b. community property. c. illegal. d. fee simple ownership.

community property.

Nero and Omar agree to buy natural gas to sell to Power Refinery and to share storage costs until the refinery can take delivery. The gas is commingled so that Nero's cannot be distinguished from Omar's. This is a. conversion. b. production. c. accession. d. confusion.

confusion.

Quarry Equipment Corporation and Rock & Gravel Inc. enter into a lease of three bulldozers. Under the perfect tender rule, Quarry must ship or tender goods to Rock & Gravel that, with respect to the contract description, conform a. to a substantial degree. b. in every way. c. to the best of the lessor's ability under the circumstances. d. to a reasonable extent.

in every way.

Donald applies for a life insurance policy with Equity Insurance Company through Fletch, an agent who works for Equity. Donald pays the initial premium. Fletch writes a binder, which a. acknowledges the application and promises to consider it. b. evidences receipt of the payment of the initial premium. c. attests to the truth of each statement in the application d. indicates that a policy is pending and states its essential terms.

indicates that a policy is pending and states its essential terms.

Raul wants to transfer a check to Schmidt. The check is defective if it a. contains handwritten terms. b. is clearly stamped "insufficient funds." c. is undated. d. all of the choices.

is clearly stamped "insufficient funds."

Cutting Edge Corporation makes and sells knives, scissors, garden shears, and other cutting devices. To cover injuries to consumers if the products prove defective, Cutting Edge should obtain a. group insurance. b. life insurance. c. key-person insurance. d. liability insurance.

liability insurance.

Rick obtains an insurance policy from Stable Insurance Inc. The policy provides that on Rick's death Stable will pay $500,000 to Taylor, the beneficiary. This is a. health insurance. b. life insurance. c. key-person insurance. d. disability insurance.

life insurance.

Jane signs an instrument using a "J" with a swirl around it. With this mark for a signature, the instrument is a. nonnegotiable, because a simple initial implies a lack of binding intent. b. negotiable. c. nonnegotiable, because an initial does not state the signer's name. d. nonnegotiable, because an initial is not a signature.

negotiable.

Vera gives Will a $500 check as payment for a debt. Will crudely increases the amount of the check to $5,000 and deposits the check in his First Bank account. Vera is liable for the payment of $5,000 to a. no one. b. First Bank only. c. Will and First Bank. d. Will only.

no one.

ABC Toy Store orders one hundred board games from Big Board Games Inc. When the games are delivered, they are all missing pieces. ABC rejects the shipment. To cure, Big Board Games must a. pay a cure fee. b. promptly notify ABC of the intent to cure. c. enter into a new contract with ABC. d. pick up the nonconforming games before the end of the business day.

promptly notify ABC of the intent to cure.

The legally protected rights and interests that a person has in anything of established value subject to ownership is a. concurrent ownership. b. none of the choices. c. property. d. ownership in fee simple.

property.

Rosa, a writer, has a computer in her office. She has a copyright on her most recent work, a memoir of her trip through South America. Her tangible personal property includes a. the copyright. b. the trip. c. the computer. d. all of the choices.

the computer.

In a sale of oranges from Citrus Grove Farms to Juice Factory Inc. to be delivered after the harvest, a fire destroys the fruit before it is picked. Under the UCC, the rights and liabilities of Citrus and Juice in this circumstance are generally determined by a. the concepts of identification and risk of loss. b. who has title. c. the right of ownership. d. all of the choices.

the concepts of identification and risk of loss.

Owen and Pablo enter into a contract for a sale of fifty Western saddles. Pablo pays, but Owen does not deliver. Pablo can normally recover as damages the difference between a. the contract price and the market price. b. any loss avoided and any profit gained. c. the actual price and the hoped-for price. d. the current prices in the parties' locations.

the contract price and the market price.

Vern sells his apple orchard to Winnie. On Winnie's payment of the price, Vern transfers the title by deed. Vern is a. the grantee. b. the grantee of the price and the grantor of the land. c. none of the choices. d. the grantor.

the grantor.

Clara rents an apartment from Dian that floods whenever there is a heavy rain. Dian refuses to fix the problem. She has breached a. none of the choices. b. the covenant of quiet enjoyment. c. the implied warranty of habitability. d. the tenancy at sufferance

the implied warranty of habitability.

Darby writes a check to Education Loan Management, Inc., that is drawn on Darby's account at Federal Bank. If the bank does not accept the check, liability for its amount is on a. Darby. b. Education Loan Management. c. no one. d. Federal Bank.

Darby.

Dino is the beneficiary of a life insurance policy on Erin's life obtained from Fidelity Insurance LLC through Gillian, Fidelity's agent. The insured of this policy is a. Erin. b. Dino. c. Gillian. d. Fidelity Insurance.

Erin.

Pauline has a fixed-term tenancy for her apartment with Quality Apartments. If Pauline abandons the premises before the lease expires a. Quality must make a reasonable attempt to evict Paulina. b. Quality may be required to mitigate its damages. c. Paulina is no longer obligated to pay the rent. d. Paulina may be required to mitigate her damages.

Quality may be required to mitigate its damages.

Rob steals a damaged, broken bike that is parked, unlocked, in a bike rack. He repairs, paints, and replaces parts on the bike until it is like new. The original owner, Sue, then claims it. The bike belongs to a. Sue because Rob stole it. b. the state under an estray statute. c. Rob because he improved it substantially. d. Rob and Sue as co-owners.

Sue because Rob stole it.

Sully leases an apartment owned by Tropic Residences, Inc. Sully's transfer of his interest in the lease to Rico for a period shorter than the lease term is a. an assignment. b. a periodic tenancy. c. a sublease. d. a covenant of quiet enjoyment.

a sublease.

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payment of rent and without Grey's permission. This is a. a tenancy at sufferance. b. a tenancy at will. c. a fixed-term tenancy. d. a periodic tenancy

a tenancy at sufferance.

Jan lives in Ken's beach house without paying rent. Jan's tenancy is a. an illegal tenancy. b. a tenancy at will. c. a fixed-term tenancy. d. a periodic tenancy.

a tenancy at will.

Edna and Flavia buy a boat that they dock in a marina near Gulfport, Mississippi. On the death of either owner, that owner's interest in the boat passes to her heirs. This is a. a joint tenancy. b. a tenancy in common. c. community property. d. ownership in fee simple.

a tenancy in common.

Rico agrees to buy a bicycle from Salvatore for $250. Salvatore agrees to deliver the bike on September 1. Rico writes a draft for $250 payable to Salvatore on September 1. This is a. a promissory note. b. none of the choices. c. a sight draft. d. a time draft.

a time draft.

Regional Freight LLC delivers a receipt issued by Storage Warehouse for goods stored in its facility to Transnational Inc., a buyer of the goods. This is a. a destination contract. b. a bill of lading. c. a warehouse receipt. d. a shipment contract.

a warehouse receipt.

If a lease does not limit the uses to which the leased property may be put, the tenant may make any use of it as long as the use a. does not injure the landlord's interest. b. is legal. c. reasonably relates to the purpose for which the property is adapted. d. all of the choices.

all of the choices.

Insurance protection may compensate for a. such losses as those resulting from lawsuits. b. the injury or death of the insured or another. c. the injury or death of someone other than the insured. d. all of the choices.

all of the choices.

Jack owns a parcel of land. Jack tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees. Jack's real property consists of a. the land. b. all of the choices. c. the mobile home. d. the trees.

all of the choices.

Clark obtains from Dependable Insurance Inc. a policy that provides if a dispute arises between the parties concerning the settlement of a claim, the dispute must be submitted to an impartial third party, not a court, for resolution. This is a. an appraisal clause. b. an arbitration clause. c. an incontestability clause. d. an antilapse clause.

an arbitration clause.

Lora leases a farm owned by Meadowland Acres, Inc. Lora's transfer of her entire interest in the leased property to Nate is a. a periodic tenancy. b. a covenant of quiet enjoyment. c. a sublease. d. an assignment.

an assignment.

To obtain office supplies for Doctors Medical Clinic, Emma executes a draft in favor of Floyd. A draft is a. a qualified promise to set aside a sum of money. b. a restricted promise to deliver goods at a future date. c. a conditional promise to pay money. d. an unconditional written order to pay money.

an unconditional written order to pay money.

Soft Chair Company contracts to deliver 100 chairs to Stuffy Furnishings Store on May 1 for which Stuffy agrees to pay. Soft tells Stuffy on April 15 that delivery will be delayed until June 1. Stuffy may a. only await Soft's performance for a commercially reasonable time. b. await performance, sue Soft, or suspend its own performance. c. only suspend its own performance. d. only sue Soft for breach of contract.

await performance, sue Soft, or suspend its own performance.

Sure Good Appliance Corporation contracts with Trucking Company to take a selection of appliances to United Railroad, Inc., for United to transport the goods to a VeriSafe Company warehouse. Trucking, United, and VeriSafe each acknowledge possession of the goods by a document of title. These parties are a. lessees. b. buyers. c. sellers. d. bailees.

bailees.

Article 2 of the UCC governs a. all of the choices. b. contracts for services. c. leases of goods. d. contracts for the sale of goods.

contracts for the sale of goods.

Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Bob's Bistros, Inc., but refuses to deliver. Bob's right to obtain substitute goods for those that were due under the contract is the right to obtain a. specific performance. b. tender. c. cure. d. cover.

cover.

Pine Mills Inc. and Quality Lumber Company enter into a contract for a sale of plywood to be delivered under a destination contract. Pine Mills, the seller, must a. place the goods into the hands of a carrier. b. allow the buyer to reject the goods for any reason. c. deliver the goods to a particular destination. d. inspect the goods before tendering their delivery.

deliver the goods to a particular destination.

Refined Metals Company and Superior Fabrication, Inc., enter into a contract under which Refined agrees to deliver a certain quantity of sheet metal to Superior each month. The contract does not include a price term. In a suit between the parties over the price, a court will a. determine a reasonable price. b. return the parties to the positions they held before the contract. c. impose the highest market price. d. impose the lowest market price.

determine a reasonable price.

Leon transfers his shares of stock in Microsoft Inc. to National University as a gift. The school, which pays nothing for the stock, is the owner of the shares in a. joint tenancy. b. fee simple. c. community. d. tenancy in common.

fee simple.

Commercial Storage Corporation obtains an insurance policy that covers losses to the insured as a result of fire. This is a. key-person insurance. b. liability insurance. c. group insurance. d. fire insurance.

fire insurance.

Safewise Insurance Agency contracts with Town & Country Motors to buy six cars. The contract lists the cars by their VINs (vehicle identification numbers). Under the UCC, identification a. cannot take place unless the cars are in Town & Country's possession. b. requires the filing of a copy of the contract in the appropriate state office. c. cannot take place until the cars are in Safewise's possession. d. has taken place.

has taken place.

Irene obtains an insurance policy that protects her against some risks of loss to the contents of her residence. This is a. liability insurance. b. group insurance. c. homeowners' insurance. d. key-person insurance

homeowners' insurance.

To obtain the title to land without delivery of a deed, one person must possess the property of another a. with or without interruption. b. with the other's permission. c. in an open, visible, and notorious manner. d. in secret.

in an open, visible, and notorious manner.

Gary rents an apartment from Home Properties. The apartment is destroyed in a fire that is not the fault of either party. Most likely, Gary a.must continue to pay rent, in full. b.is no longer obligated to pay rent. c.None of the answers. d.is entitled to a refund of the rent already paid.

is no longer obligated to pay rent.

In a dispute over a sale involving a skateboard, Greg argues that as to this deal Hobby Shop, where Greg bought the board, is a merchant. A court may determine whether the shop is a merchant by assessing whether a. it subscribes to Boards, a biweekly trade magazine. b. its owner enjoys skateboarding. c. it has sold any skateboards within the last year. d. it holds itself out by occupation as having knowledge and skill unique to the skateboard in the transaction.

it holds itself out by occupation as having knowledge and skill unique to the skateboard in the transaction.

Dyan and Ed are partners who own and operate Footlong's, a chain of hot-dog stands. Their partnership obtains insurance on their lives. This is a. liability insurance. b. key-person insurance. c. disability insurance. d. death insurance.

key-person insurance.

Leon obtains an insurance policy that will replace a portion of his monthly income from employment in the event that illness or injury causes a disability. This is a. disability insurance. b. liability insurance. c. illness and injury insurance. d. key-person insurance.

key-person insurance.

Rubin writes a check drawn on his account at Clearwater Bank and payable to the order of Gwyn. The bank does not pay the check. Rubin is a. entitled to payment of the amount of the check from Gwyn. b. absolved of liability on the check. c. liable to the bank for the amount of the check. d. liable to Gwyn for the amount of the check.

liable to Gwyn for the amount of the check.

World Hotels, Inc., insures its real and personal property to protect its financial interest should some event undermine its security. This is risk a. pooling. b. management. c. dodging. d. imposition.

management.

Speedy's Auto Parts orders twenty tires from Tough Tires, Inc. Ten of the tires are delivered in a damaged condition. Speedy's a. must reject the entire shipment. b. may accept the shipment with a reduction in price. c. cannot reject the entire shipment. d. must pay for all of the tires at the contract price.

may accept the shipment with a reduction in price.

Burt wants to lease a residence for two years from Condos Company. In most states, the lease agreement a. must be signed by a judge. b. can be oral or written. c. must be oral. d. must be in writing.

must be in writing.

To finance the purchase of an electric guitar, Milos signs an instrument promising to pay to "National Lenders" $1,800 with interest in installments with the final payment due August 15, 2020. To be negotiable, this instrument must include on its face a. any conditions to the disbursement of the funds. b. any conditions to the repayment of the loan. c. any conditions on the sale of the goods. d. not any conditional promises or orders to pay.

not any conditional promises or orders to pay.

Jim has a periodic tenancy that requires him to pay rent weekly. Jim wishes to terminate his tenancy. Most likely, Jim must give his landlord notice of at least a. thirty days. b. two weeks. c. one week. d. no certain period.

one week.

Lindsey, an accountant for Madison & Monroe, acquires a negotiable instru-ment from Norma by promising to pay its face value in thirty days. Lindsey ac-quires the status of an HDC when she a. acquires possession of the negotiable instrument. b. promises to pay the face value due on the instrument. c. transfers the instrument to another party. d. pays the face value due on the instrument.

pays the face value due on the instrument.

Dick buys a fishing license and goes fishing. He catches a trout, cleans it, cooks it, and eats it. Dick's acquisition of the trout is by a. accession. b. possession. c. confusion. d. production.

possession.

Mike owns a beach house in North Carolina in fee simple. This ownership interest is a. limited to the period of the lives of Mike and his immediate heir. b. limited to the period of Mike's life. c. potentially infinite in duration. d. subject to the withdrawal or recall of the previous owner.

potentially infinite in duration.

Vance owns a field where he grows cotton. When he sells the field to Wilson, he includes the cotton that is growing in the field. This sale is governed by a. the Uniform Commercial Code. b. none of the choices. c. real property law. d. personal property law.

real property law.

Talia, who is not an Urban Bank customer, attempts to cash a check drawn on the bank. The check is considered dishonored if Urban Bank a. charges a fee to cash it. b. asks Talia to sign a receipt for the payment on the check. c. refuses to pay it. d. asks Talia for reasonable identification.

refuses to pay it.

Entrepreneur LLC owes Data Analysis Company $2,000. Entrepreneur executes a note to Data Analysis as security for the debt. This security a. satisfies the consideration requirement for HDC status. b. does not satisfy the value requirement for HDC status. c. does not constitute sufficient consideration for HDC status. d. satisfies the value requirement for HDC status.

satisfies the value requirement for HDC status.

Jay owns a farm in Kansas, with a farmhouse, barn, and other structures permanently attached. Jay grows corn on the property. Land includes a. the corn and the soil only. b. the soil only. c. the structures and the soil only. d. the corn, the soil, and the structures.

the corn, the soil, and the structures.

Riley owns Superior Apartments. He promises each tenant that during the lease term, neither he nor any third party with an unlawful claim will interfere the tenant's use and enjoyment of the property. This is a. a tenancy at will. b. the implied warranty of habitability. c. a tenancy at sufferance. d. the covenant of quiet enjoyment.

the covenant of quiet enjoyment.

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is a. the flights are low and frequent, interfering with enjoyment of his land. b. the planes are effectively taking private property for private use. c. the planes fly over more than twice a day. d. there are other routes the planes could take.

the flights are low and frequent, interfering with enjoyment of his land.

Ed sells his car to Fran for $5,000, his bike to Gwen for $600, his game player to Holly for $200, and three shares of stock to Inez for $100. Article 2 of the UCC does not apply to the sale of a. the bike. b. the patent. c. the game player. d. the car.

the patent.

Heidi owns a smartphone, a tablet, and a patent on an app. Her intangible property includes a. all of the choices. b. the tablet. c. the phone. d. the patent.

the patent.

Jack sells a grand piano to Kyle for $5,000 and a gold ring to Lauren for $999. A writing is required to enforce the sale of a. neither the piano nor the gold ring. b. the gold ring only. c. the piano only. d. the piano and the gold ring.

the piano and the gold ring.

Center City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land. This is a. the right to adverse possession. b. a profit. c. the power of eminent domain. d. an easement.

the power of eminent domain.

Dairy Goods agrees to sell a certain quantity of ice cream to Event Caterers, but their contract does not specify the address at which the goods are to be delivered. If the parties fail to specify the address before the delivery date a. the contract is canceled. b. the time for delivery is extended with a price adjustment for the delay. c. the seller is liable for any resulting delay. d. the seller is excused for any resulting delay.

the seller is excused for any resulting delay.

Orson signs a check "pay to the order of Painless Dental" drawn on Orson's account in Quantum Bank. To impose liability on Orson if the bank dishonors the check, Painless Dental should present it for payment within a. six months. b. one year. c. ten days. d. thirty days.

thirty days.

A state law prohibits gambling houses. Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation. This lease is a. enforceable under any circumstances. b. enforceable only if the tenant does not do what the lease provides. c. unenforceable. d. enforceable as long as the tenant does what the lease provides.

unenforceable.

On July 10, Pet Supply Store orders fifty small dog collars from Quality Collars, Inc. to be delivered by July 15. On July 13, Quality Collars tenders fifty large dog collars. Pet Supply rejects the shipment. Quality Collars has a. no right to cure. b. unlimited time to cure. c. until the end of the business day on July 13 to cure. d. until July 15 to cure.

until July 15 to cure.

Bert's Bagels, Inc., and other bakeries refer to a "baker's dozen" as consisting of a collection of thirteen baked goods. This is an example of a. none of the choices. b. usage of trade. c. the course of dealing. d. the course of performance

usage of trade.