Business Law CH 25 Worksheet

Tenancy at Sufferance

A lease created when a tenant remains on the premises after the expiration of a true tenancy, against the landlord's wishes

Periodic Tenancy

A lease for a fixed period of time and automatically continues for additional periods until terminated by either party

Tenancy for Years

A lease for a stated, fixed period of time that automatically terminated at the end of the stated period

Tenancy at Will

A lease for no fixed duration that may be terminated by either party at any time

A bailment must involve a written agreement to be enforceable.

False

If Reuben borrows Sally's cookbook and while Reuben still has the cookbook, Sally decides she would like to give it to him, Sally must request that Reuben return the book so that she can deliver it to him with the intent to transfer ownership in order for there to be an effective gift.

False

If a property owner rejects the government's offer of a "fair price" for property being taken by eminent domain, then the owner waives his right to compensation for the property.

False

T/F? In most states, if a donee refuses a donor's gift, the donee has 24 hours to change her mind and accept the gift.

False

To be able to prove that a landlord violated the implied warranty of habitability, a tenant must vacate the premises.

False

Under a tenancy at sufferance, a landlord is entitled to either evict a tenant or receive rent from the tenant.

False

When partitioning property, courts will first seek to sell the property and divide the proceeds from the sale equally among the co-tenants.

False

If a bailor establishes that a bailment was created and that the property involved was damaged, the burden of proof shifts to the bailee to prove that the bailee exercised the appropriate level of due care with respect to the property.

True

In addition to providing property that the tenant can use for the intended purpose, the landlord has an obligation to maintain the premises to a particular legal standard.

True

T/F? While inter vivos gifts are irrevocable, a gift made in contemplation of the donor's death can be revoked by the donor at any time and is automatically revoked if the donor recovers.

True

Unless the parties specifically indicate otherwise, a court will treat co-owners of property as tenants-in-common.

True

A property owner who borrows money to buy the property is a _______________. The lender who loans the property owner the money is the ________________. This lender takes a _______________________ in the real property, which places a __________ on the property and entitles the lender to ____________ if the property owner/borrower fails to pay back the loan.

mortgagor mortgagee security interest lien foreclose

Tenancy by entirety

no independent right to convey; interest passes to spouse upon death

Adam and Angela park their car in a vacant lot, which is owned by Donald Trump. When Adam and Angela return, they find that their car is in shambles with broken windows and slashed tires. Donald Trump is

not liable to Adam and Angela for the damage because there was no bailment created

A tenant's right to use the rented property without the interference of the landlord or other tenants is referred to as the right

of quiet enjoyment

A bailee's primary right is

possession of the property

Easement

right to enter and make limited use of another's property

Profit

right to enter and take something away from another's land

License

temporary right to enter another's property

Someone who wrongfully takes property from a bailee is liable to

the bailee

Fill in the blanks. A nuisance is an unprivileged interference with a person's ____________________ of property. Courts will balance the __________ of the act being complained of against the harm to the ________________________. If a court finds a nuisance exists, it will order a(n) ______________.

use and enjoyment utility property owners abatement

Brandi wants to send her good friend Lisa a sweater for Lisa's beloved pet dog. If Brandi hands the sweater to ___________ with instructions to pass it to Lisa, she has effectively delivered the sweater to Lisa.

Lisa's dog walker

Which of the following activities does NOT create a bailment?

Parking your car in a "park and lock" parking lot.

Which of the following is not a duty that a landlord owes to a tenant?

Perform all repairs

Laurel leaves her dress at the dry cleaner for 1-hour dry cleaning service. The dry cleaner will be liable to Laurel for damages she suffers if: (select all that apply) a. he exercises only ordinary care when cleaning the dress b. he does not clean the dress as a reasonably prudent person would c. the dress is not cleaned for another 24 hours d. he fails to exercise extraordinary care when cleaning the dress e. he accidentally gives Laurel's dress to another customer

The dress is not cleaned for another 24 hours He accidentally gives Laurel's dress to another customer He does not clean the dress as a reasonably prudent person would

Landlord-tenant law involves a combination of which three areas of law? Select all that apply. a. Real property b. Intellectual property c. Insurance d. Estate planning e. Contracts f. Product liability g. Tort Law h. Tax

a. Real property e. Contracts g. Tort Law

Which of the following are examples of real property? Select all that apply. a. Shed b. Hanging flower pots on a porch c. Motor home d. New handles attached to kitchen cabinets e. A kitchen faucet f. Field of crops g. Lawn mower h. Vacant parking lot

a. Shed e. A kitchen faucet f. Field of crops h. Vacant parking lot

Under the common law, a landlord is not liable for latent defects in the property once the landlord notifies the tenant of the condition. The modern trend is to

apply normal negligence rules to landlord's liability for property defects

A landlord may use a tenant's security deposit for: (select all that apply) a. costs of repairs of latent defects b. cost to repair damages caused by tenant c. property management fee d. costs of making the property comply with the building code e. unpaid rent

b. cost to repair damages caused by tenant e. unpaid rent

A zoning board will consider which of the following when deciding whether or not to grant a variance? Select all that apply. a. How long the property owner has owners the property at issue b. the reason the owner claims to be harmed by the ordinance c. whether other towns/cities nearby allow the type of project or building being proposed d. the cost of the proposed project or building e. response of the community f. the nature of the community

b. the reason the owner claims to be harmed by the ordinance e. response of the community f. the nature of the community

A landlord evicts a tenant when the landlord: (select all that apply) a. increases the rent b. fails to perform minor repairs in common areas c. physically prevents the tenant from possessing the premises d. ever allows others to access the premises e. substantially interferes with the tenant's use and enjoyment of the premises f. transfers ownership of the property that includes the rented premises to someone

c. physically prevents the tenant from possessing the premises e. substantially interferes with the tenant's use and enjoyment of the premises

A tenant may be fined for violating a lease covenant, but may be evicted for violating a ______________.

condition

Wilma wants to donate her large sailboat to a local community boating club. Wilma writes a note transferring title of the boat to the boat club and mails it to the boat club's office. Wilma has effected

constructive delivery

A promise of a future performance can create a valid _____________ if all of the other common law requirements are met, but can never create a valid ______________. Unlike contracts, both parties to a gift do not need to provide _______________. If Oprah promises to give a friend a car next week as appreciation for all the good things the friend has done in her life, Oprah's statement is ________________, either as a contract or a gift. If Oprah gives her friend a car and the certificate of title today, but asks the friend to wait until next week, when Oprah will be visiting, to drive it for the first time, Oprah has made a gift, which is ________________.

contract gift consideration unenforceable irrevocable

Most courts will imply the following provisions into every lease, even if they are not specifically states in the lease: (select all that apply) a. a maximum of a one year term b. fair market rent c. constructive eviction d. tenant's right of quiet enjoyment e. escalator clause f. warranty of habitability g. duty not to use premises for illegal purposes

d. tenant's right of quiet enjoyment f. warranty of habitability g. duty not to use premises for illegal purposes

There are three requirements for a gift to be made. First, the _____________ must intend to transfer _____________ of the property to the donee . Secondly, the donor must ______________ the property to the donee _______________. This may be done physically or, if the circumstances require________________, . Finally, the donee must _____________the property.

donor ownership immediately deliver constructively accept

Joint tenants each own a percentage of the _________ property. Owners of real property must ____________ intend to create a joint tenancy; otherwise a tenancy ___________ is created. Joint tenants have a(n) ___________________ to partition the property. The defining feature of a joint tenancy is the __________________________, which means when one joint tenant dies, his or her property interest passes to __________________________________.

entire expressly in common absolute right right of survivorship the remaining joint tenants

A(n) __________________ in a lease gives the landlord the right to increase the rent during the term of the lease under certain circumstances, such as an increase in the property taxes on the premises.

escalator clause

Jerry handed a check for $1,000,000 to Jean and told her that she and her family would never need to worry about money again. Jerry would be able to demand the money back if

he gave Jean the check when HE was on his deathbed, and has miraculously recovered

bailor in a mutual-benefit bailment

liable for known defects and defects that could be discovered with reasonable diligence

bailor in a bailment for the sole benefit of bailee

liable for known defects in goods

bailor in a bailment for the sole benefit of bailor

liable only for gross negligence

joint tenancy

may convey to third party during life; interest passes to other tenants upon death

Tenancy in common

may convey to third party; interest passes to heirs upon death