acct 324 final 50 and 9

Areas of an office building or apartment complex such as yards, lobbies, elevators, stairs and hallways used by all tenants are known as __________ areas A) Cohabitation B) Collaborative C) Causeway D) Common

d

If leased property becomes unsuitable for use because of the landlord's wrongful or omitted act, a(n) __________ eviction has occurred A) Actual B) Inalienable C) Default D) Constructive

d

The __________ warranty of __________ is a requirement that the premises be fit for ordinary residential purposes A) Express, habitability B) Implied, habitability C) Express, quiet enjoyment D) Implied, quiet enjoyment

b

The negligence __________ (literally, "negligence in or of itself") doctrine applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs A) Pro se B) Per se C) Per diem D) Pro hac vice

b

Parties to a __________ may terminate the lease at any time A) Tenancy-at-will B) Tenancy-at-sufferance C) Periodic-tenancy lease D) Definite-term lease

a

__________ assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior A) Express B) Explicit C) Extenuating D) None of the above

a

A rent __________ clause permits the landlord to increase the rent in association with increases in costs of living, property taxes, or the tenant's commercial business A) Acceleration B) Escalation C) Ascendancy D) Appreciation

b

In typical negligence cases, courts rarely award punitive damages, or __________ damages, which are imposed to punish the offender and deter others from committing similar offenses A) Exigent B) Exemplary C) Compensatory D) Consequential

b

To use the __________ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm A) Comparative negligence B) Assumption of the risk C) Negligence per se D) Last-clear-chance

b

Which of the following is not a required element of the landlord-tenant relationship? A) A description of the property B) The equitable intent to create a landlord-tenant relationship C) The specific length of the lease D) The amount of rent to be paid to the landlord

b

A transfer of a tenant's entire interest in the leased property is a(n) __________ A) Delegation B) Deference C) Assignment D) Consignment

c

If a tenant fails to leave the property after the termination of the lease, a __________ lease is created A) Quitclaim B) Tenancy-at-will C) Tenancy-at-sufferance D) None of the above

c

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages A) Strict liability B) Comparative negligence C) Contributory negligence D) Negligence per se

c

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions? A) How likely was it that the harm would occur? B) How socially beneficial was the defendant's conduct that posed the risk of harm? C) Does the defendant in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)? D) What costs would have been necessary to reduce the risk of harm?

c

Which of the following is not an essential element of negligence? A) Duty B) Breach of Duty C) Intent to cause harm D) Damages

c

Which of the following lease covenants represents the landlord's promise that he/she will not interfere with the tenant's use and enjoyment of the property? A) Covenant of unfettered use B) Covenant of reasonable use C) Covenant of quiet enjoyment D) Covenant of unrestricted enjoyment

c

__________ liability is liability without fault A) Negligence B) Intentional tort C) Strict D) Criminal

c

___________ is also known as "cause in fact," while __________ is sometimes referred to as "legal cause" A) Factual causation; subject causation B) Subject causation; factual causation C) Actual cause; proximate cause D) Proximate cause; actual cause

c

A(n) __________ is a transfer of less than all the interest in a leased property A) Assignment B) Consignment C) Delegation D) Sublease

d

The __________ doctrine allows the plaintiff to recover damages, despite proof of contributory negligence, as long as the defendant has a final clear opportunity to avoid the action that injured the plaintiff A) Comparative negligence B) Assumption of the risk C) Negligence per se D) Last-clear-chance

d