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Questions and Answers of
Law business personal use
Why does the insurable interest in property have to be present at the time of loss?
As a seasonal bonus you are planning a trip for your employees to the local casino. Each one is to be given $1,000 in credit and must share half of any earnings with the business. Is insurance
James Kreidel was engaged to be married and planned to attend school. He entered into a lease of an apartment from May 1, 1972, to April 30, 1974. Before the lease period began, Kreidel’s
Wallenberg leased certain property from Boyar in a tenancy from month to month, beginning October 1. The rent was payable in advance on the first of each month. On November 27, Wallenberg left
Smith bought two lots along the shore of Lake Pepin and built a cottage, which he mistakenly extended over the boundary line into a third lot, Parcel X8. Smith cleaned all three lots, seeded X8 with
The Wakes operated a cattle ranch in Cassia County, Idaho. During the spring and fall, they drove their cattle over land owned by the Johnsons. Eventually the Wakes sold their cattle ranch to the
Holmes was engaged in the business of raising and processing chickens. He bought property in Clackamas County, Oregon, on which he planned to erect a chicken-processing plant. To prepare for
W. E. and Jennie Hutton executed a warranty deed conveying their interest in a parcel of land to the local school district. The words of conveyance stated: “This land to be used for school purposes
Rondale opened a mortgage loan refinancing office for a five-year term in a mall store near the food court. When interest rates rose and the refinancing market disappeared, she assigned the remaining
Romero rented a farmhouse under a three-year lease. At the end of the lease, Romero and the landlord walked through the farmhouse to inspect for damage. In an empty upstairs room the landlord found a
Slovin entered into a month-to-month tenancy of an apartment for $450 per month. When he married, his wife moved in with him. The landlord did not discover this until three months later. The landlord
The city of Westerly maintained an old-fashioned Merry-Go-Round near a beach. All summer both kids and adults would ride it. It was shut down during the winter. Occasionally, kids would climb the
Swit bought a single-family residence and converted it into a halfway house for delinquent teenagers. Neighbors objected to the increased risk of crime in the neighborhood. Then the neighbors filed
Purcey gave a written easement to her neighbor Pitzer allowing Pitzer to run a water ditch across Purcey’s property to irrigate Pitzer’s land. Purcey later sold her property to Riddell, who
Brand had been squatting on land adjacent to a local river for over three years. She had moved a mobile home onto it, fenced it, and farmed it. Alioto offered her $10,000 for it. What type of deed
Research the history of the estate in real property known as the “fee tail.” Write a report on the conditions that caused it to come into and then go out of use.
Suppose that Sally had instead made emergency repairs to a skylight in the apartment’s living room. The skylight had been improperly installed and began leaking during a fierce rainstorm on her
Write a paragraph describing the difference between an apartment at the end of a lease after “normal wear and tear” versus after deterioration because of willful misuse.
Write a paragraph describing the parts of a typical apartment complex where the tenants will be liable for injuries to guests.
Write a paragraph describing the parts of a typical apartment complex where the landlord will be liable for injuries to guests.
Assume you own a fast-food restaurant with a leasehold in the local mall. Write a paragraph distinguishing the licensees from the business invitees that enter your premises at that location.
Describe when a lease does not need to be placed in writing yet will still be enforceable in court.
Describe how the house you own could be rented so that a periodic tenancy would arise.
Describe a situation where a tenancy at sufferance is created.
Describe a situation where tenancy at will is created.
Explain what a future interest is.
Describe the legal features of fee simple absolute.
Define the differing duties owed by the owner to a trespasser, a licensee, and a business invitee on the owner’s real property.
Armored Car Service, Inc., had its employees pick up at the Miami Springs Junior High School a locked money bag containing $1,511.25. The money was supposed to be deposited in the proper cafeteria
Loden shipped a quantity of perishable cucumbers from Yuma, Arizona, to Los Angeles via the Southern Pacific Company Railroad. However, the carrier failed to deliver the goods within the ordinary and
A student enrolled in flight school. While 900 feet above the ground on a practice flight in the school’s aircraft, the student discovered that the rudder was stuck. As a result the plane crashed
Mrs. Carter took her fur coat to Reichlin Furriers to be cleaned and stored. She was given a receipt for the coat. On the front of the receipt an employee had written the number “100.” On the
Plaintiff Wall drove his car into a self-parking lot at O’Hare Airport in Chicago. He entered through an automatic gate and received a ticket bearing the date and time of arrival. He parked, locked
Mineo was a member of the state highway patrol working a stretch of I-44 near Springfield, MO. Late one night he stopped a brown westbound sedan for not signalling a lane change. In interviewing the
Burg customized and sold new vans and serviced used ones. Jake and Jayne Slinker were trusted employees who had been carefully hired and trained and had worked for Burg for ten years. Jake did
Bortez, a sales representative, had a breakfast appointment with a prospective buyer. They were to meet in the restaurant of the Grand Prix Hotel. Bortez left his brief case, which contained almost
Babbitt rented a paint-spraying outfit from Baron. The equipment was in good working condition, and Babbitt knew how to use it properly. However, when Babbitt was shifting position between two
One of the most valuable bailments in history took place when many of the treasures of King Tut were sent to the United States as an exhibit. Other exhibits of priceless artifacts and paintings
As Abrahms pulls away from the store, angry and disgusted, the wind drives the cart she has just left into a little old lady using her walker to get to her car. She falls and breaks her hip. A store
You are headed for the lake pulling your boat. Suddenly your vehicle starts to veer to the right and you realize that your boat trailer tire on that side is going flat. You pull into a station to fix
Create a factual scenario where the bailee’s duty of care is extraordinary care.
Create a factual scenario where the bailee’s duty of care is ordinary care.
Create a factual scenario where property is lost.
Create a factual scenario where property is mislaid.
Roberts had an above-ground swimming pool installed on his land. It was not permanently attached to the realty and could be easily disassembled and moved to another location. Then Roberts received a
E. I. DuPont de Nemours & Co. (DuPont) developed a new process for production of methanol. Although it had not patented the process, it had taken steps to keep the process secret. In order to
On his wife’s birthday, Leopold Cohn wrote, in the presence of his entire family, the following: West End, N.J., Sept. 20, 1911 I give this day to my wife, Sara K. Cohn, as a present for her (46)
Bernice Paset went into the Old Orchard Bank to gain access to her safe deposit box. Once inside the vault, she went into an examining booth, which contained a small table and a chair. The chair was
Alejo Lopez was a married man. Without divorcing, he married a second time. He and his second wife, Helen, purchased property and tried to take title as tenants by the entireties. Later Alejo
Hamilton and Johnson were tenants in common of a parcel of land. Hamilton wanted to end the relationship and brought suit for partition of the property. A forced sale of the property would be
Betty Dolitsky was in a booth of the safe deposit room of the Dollar Savings Bank when she discovered a $100 bill in an advertising folder that the bank had placed in the booth. She turned the money
Joseph’s aunt sent him $5,000 as a gift. Later, she sent a letter stating that upon her death the money was to be distributed among Joseph and his brothers and sisters. After the aunt died, Joseph
Foxx, Flynn, and Fish had equal shares as tenants in common in a drag racer. Foxx wants to get out of the arrangement. She proposes that she keep the engine as her share of the commonly owned racer.
You combine your savings with five friends to buy a large sailboat. What form of ownership makes the most sense for your group?
Kurt and his best friend bought a 1964 Mustang convertible when they were roommates in college and took ownership as joint tenants with the right of survivorship. They have alternated possession by
Michael carves and fashions furniture out of cherry wood. One day while walking on what he thought was a part of his forested acreage south of the city, he saw and then cut down a beautiful cherry
Jeff’s school has a computer laboratory. Jeff also has a computer at home and decides to copy the school’s word processing program for his personal use. The program is copyrighted. Is it legal
Your mother operates a small lumber business. She owns a tract of land with a stand of trees on it. She cuts down the trees, saws them into construction lumber, and sells the wood to builders. She
Research how various structures are attached to the ground so as to be able to determine when they actually become real property. Compare high-rise buildings, houses, mobile homes, yard buildings,
Through court action, relatives now seek to stop Neerow from using his money and goods so wastefully. Should they be allowed to do so?
Write a paragraph describing tenancy by the entireties.
Write a paragraph describing joint tenancy.
Write a paragraph describing tenancy in common.
Identify and distinguish between the various forms of co-ownership of real property.
List the various means of acquiring ownership of personal property. Give examples of how you have acquired or might acquire property in each case.
Describe the right of survivorship in joint tenancy.
Explain how the patent office distinguishes patentable and non patentable inventions.
Write a paragraph about how you would protect an original song you wrote.
Identify items of property you can see in or from your classroom and classify them as real or personal.
Registration of a “MONOPOLY” trademark for use on clothing was sought by a New York-based corporation named Tuxedo Monopoly, Inc. The makers of the “MONOPOLY” board game, General Mills Fun
Through radio and television, the defendant’s stores advertised a “top quality . . . Queen Anne Console Magic Stitcher” sewing machine, along with a sewing chair, for the “close-out price of
On January 1, plaintiff Werner bought the White Eagle, a wooden sloop, from defendant Montana, and the parties signed a bill of sale. The previous October they had signed an intent to purchase and
Mahaney purchased a used car from Perry Auto Exchange. Mahaney was told that the car was in “perfect, A-1, and first-class condition.” A written statement given to Mahaney at the time of the sale
Every week for a year and a half, Newmark was given a shampoo and set by employees of Gimbel’s. Then a new product (“Candle Wave,” made by the Helene Curtis company) was applied to Newmark’s
Singer-Moser was thirty-nine years old when she had her first cavity. Unfortunately, the dentist treating her for the cavity had to do a root canal procedure. At the conclusion of the procedure,
Gallo, an experienced glider pilot, rented a glider from the owner of a commercial glider port. While in flight, she lost control because of a defect in the tail assembly. The glider crashed, and
Having seen several advertisements for WaterRocket engines, Vincent went to a nearby marina and told the salesperson that he had to have one for his 17-foot bass boat. The salesperson sold Vincent
After an hour of persistent persuasion by a doorto- door salesperson, the Arnos signed a contract to buy magazine subscriptions. The next morning, the Arnos did some quick calculating and were
Research and write a one-page paper on whether the use of subliminal (subconscious) techniques in advertising in movies, print, and television should be outlawed as false and misleading. Bring
Write a persuasive opening statement that emphasizes the legal and ethical points in support of Edison’s case. Or, write a persuasive opening statement that emphasizes the legal and ethical points
Would a company selling software that enabled the copying of movie DVDs be committing an unfair trade practice? Why or why not?
Write a paragraph stating your opinion on what is the most important implied warranty.
Make a list of the reasons that caveat emptor does not work as well now as it once did in protecting consumers.
How do the terms “puffing” and “caveat emptor” relate to one another?
Why are sellers not required to give warranties in every transaction?
Should a written contract include all express warranties?
Who can bring suit for product liability under the UCC?
Why is it a good idea to leave to local governments the inspection of restaurants and other establishments where food is handled? Why would more centralized state or federal standards not be a good
How would you prove a bait and switch had occurred?
What are the normal sanctions available to a consumer protection agency?
In June, plaintiff Multiplastics, Inc., contracted with defendant Arch Industries, Inc., to make and to ship 40,000 pounds of plastic pellets, which were to be delivered at the rate of 1,000 pounds a
The plaintiff, a Los Angeles manufacturer of men’s clothing, sold a variety of clothing to the defendant, a retailer in Westport, Connecticut. The plaintiff prepared four invoices covering the
Consolidated Chemical Industries purchased three heat exchangers from Falls Industries in Cleveland. The contract specified that after identification the machines were to be crated securely. They
Lane had a boat dealership in North Carolina. In February, he sold a new boat, a 120-HP motor, and a trailer to a man who represented himself to be “John Willis.” Willis gave Lane a check for
When his company developed financial trouble, Pais, a member of the legal staff, was suddenly transferred from Houston, Texas, to company headquarters in New York City. As a consequence, he bought
Trina’s boyfriend, Serge, asked her over one summer evening to watch a movie on his deck using his new HD DVD projector and screen. Serge had been supplied the projector and screen through a sale
Shortly after her lawsuit against the computer company was resolved, Trina took her new laptop into a computer store for needed repairs. When Trina returned to pick it up, she found it had been sold
Shortly after her lawsuit against the police department was resolved, Trina decided to buy a new laptop from a 1-800 phone order seller. As Trina and the seller agreed, the seller shipped Trina’s
Trina, a computer programmer, had her laptop computer stolen. She reported what had happened to the police and gave them its serial number. Three months later, the police recovered a laptop that was
Interview businesses in your area that buy and sell internationally. Prepare a report on problems they have encountered in making their orders and billings clear to their trading partners. Try to
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