Introduction to Business Law (BUS101) TRIMESTER 1 2024

TUTORIAL 9: Questions from lecture 9 (Property rights)

Legal vocabulary test

INDEFEASIBILITY JOINT TENANCY ASSIGNMENT SURVIVORSHIP CAVEAT ESTATE EQUITABLE INTEREST CHATTELS CHOSE IN ACTION EASEMENT TORRENS TITLE TENANCY IN COMMON CHOSE IN POSSESSION INTELLECTUAL LEGAL INTEREST	Description	Legal term
Type of shared real property ownership where each owner has a divisible interest	indefeasibility
The legal presumption that title held under the registration system is conclusive	assignment
Class of right to land which gives the holder a right to exclusive occupancy
Copyrights and trade marks are examples of this class of property
Legal process by which legal rights are transferred to another person
Right of a joint owner of land to the whole estate upon the death of other owner(s)
Right to enter upon the real property of another person without trespass
A legal or equitable right which can be transferred from one person to another
A registered right to land which gives the holder possession in specific circumstances
Warning to the registrar not to record any dealing on the title to land

Choose the letter which indicates the best answer to the following questions

1 Ownership of most land in NSW is recorded using

A the PPS register

B Torrens title

C the Dewey system

D old systems title

2 A windmill standing in a cement base on a farm would be

A a chattel

B a fixture

C a fitting

D a chose in action

3 A caveat recorded on a certificate of title to real property

A is evidence of an interest in the land

B acts as constructive notice to anyone searching the title

C acts as warning against registering any dealing with the land

D B and C

4 An estate in land is held by is

A anyone who has lodged a caveat over the land

B anyone who has a registered mortgage over the land

C anyone who has a registered lease over the land

D A and C

5 A "dealing" in land refers to

A an event by which legal rights in the land are transferred

B an event by which legal rights in the land are created

C an event by which legal rights in the land are extinguished

D any of the above

6 Type of shared land ownership where each owner has a divisible entitlement

A joint tenancy

B strata title

C tenancy in common

D life interest

Short answer questions

1. Look at the aerial picture above. The yellow outline shows what was once a single block of land on which was built the house you can see. The land has now been subdivided into two blocks and another house will soon be constructed on the area identified as "4,000m" to the rear of the house. The narrow access road to the rear block from the street crosses land owned by the front block (with the house).

• what is the legal name for the legal right of the rear block's owners to access their property by the left hand driveway?

_______________________________________________________________

• what is the legal name for the front block of land (refer to the lecture notes)?

________________________________________________________________

• what is the legal name for the rear block of land (refer to the lecture notes)?

________________________________________________________________

2 Look at the illustration below, which shows a large shopping centre in a rural area.

If the lease between the shopping centre owners and the lessees advertised (Coles, Target, Bing Lee, Aldi) contains a term requiring them to trade for a minimum number of days/hours per week what is that term called?

___________________________________________

Law of negligence revision - from deferred FE T322

Read the facts below then answer the questions which follow

The people involved

Martin is the owner of a ride called Fright of Your Life which is located in an amusement park in Newcastle; customers on the ride travel in capsules along a rail track through a series of scary incidents

Tom is a 20 year old student who works for Martin three days a week operating the ride

Peter is a self employed engineer who does safety checks on the ride each day before opening

Max is an apprentice mechanic who works for Peter

Mario is an opera singer from Sydney who is on a two week holiday in Newcastle

The events

1. One morning when Peter is scheduled to do his maintenance on the ride before it starts operating he is busy with other jobs so he sends his trainee Max to do the work
2. Max does the work but because he is inexperienced he does not properly adjust the braking system on the ride
3. Tom arrives to start work; he soon notices that the ride is not functioning properly and could be dangerous
4. Tom contacts Martin by phone, explains the problem and suggests the ride be closed until it is checked out
5. Martin does not want to lose the income from closing the ride so he instructs Tom to keep it operating while Martin tries to contact Peter later in the day
6. Tom is not happy about this but he does not want to lose his job so he follows Martin's instructions and keeps the ride operating
7. Mario arrives at the ride and joins a queue waiting to use it
8. While Mario is waiting in the queue he sees the ride stop suddenly with a jerk several times then start moving again; on one occasion the jerk is so severe a passenger is almost thrown out
9. Mario is worried about this but is keen to get started on the activities he has planned for the day so he boards the ride when his turn comes
10. The ride moves off but Mario soon finds he is uncomfortably seated so he unlocks the safety bar to adjust his seating position
11. About 30 seconds later the ride violently jerks to a stop and Mario is thrown out because his safety bar is not in place; he falls 2 metres to the ground
12. Mario suffers injury to his shoulder and leg; he incurs medical costs and has to abandon the remaining 10 days of his holiday
13. Mario also has to give up a planned 6 week internship in Melbourne to study singing with a Victorian Opera Company
14. Mario wants to bring legal claims to obtain compensation for his losses.

The questions

	Question	Answer
1	Why would Mario be considered to be Tom's legal neighbour? [2 marks]	Mario would be considered Tom's legal neighbour based on the principle of 'duty of care' in tort law.
2	What was Tom's duty of care to Mario? [2 marks]
3	In what way did Tom breach his duty of care to Mario? [2 marks]
4	Mario might not receive full compensation because of two actions by him. What were those two actions and what are the LEGAL NAMES for each of them? [4 marks total]	Action by Mario	Legal name for this action
1
2
5	Why would Mario not be likely to receive compensation for his lost Melbourne internship and what is the LEGAL NAMEfor this? [2 marks total]	Reason	Legal name for this
6	Mario might also bring a claim against Martin (for instructing Tom to keep operating the ride). What is the LEGAL NAME for this type of liability? [2 marks]

John Lanser

April 2024