Question 1

In a three-year commercial lease,the tenant must give the landlord two months notice upon leaving.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements is correct with respect to the creation of a bailment?

Accepted Answer

A)  For a bailment to be created, it is necessary for the parties to have anticipated that the property would be returned at the end of the bailment period. 
B)  For a bailment to be created, the property must be given with the understanding that payment would be given for the service. 
C)  Bailments can be created only through contracts. 
D)  A bailment is not created when the transfer of the property is only done incidentally, such as leaving a watch with a watchmaker for repair. 
E)  A bailment is the process provided for releasing people from jail before trial.

Question 3

If a copyright owner has grounds for believing that a person is infringing his copyright,but fears that the infringer may destroy the evidence,the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?

Accepted Answer

A)  interlocutory injunction 
B)  execution order 
C)  Anton Piller order 
D)  order for an accounting 
E)  order for specific performance

Question 4

Because a tenancy is primarily contractual and so does not "run with the land," it will not bind a purchaser of a building.

Accepted Answer

A) True 
 B)False

Question 5

The case of Applewood Lane West Ltd.v.Scott involved two tenants who,to get out of their lease,had a series of "lease-breaking parties." As expected,they were evicted.The landlord had trouble renting the premises and sued the tenants.What was the result?

Accepted Answer

A)  The conduct of the tenants constituted abandonment of the lease, and so the tenants were liable. 
B)  The landlord chose to evict the tenants and, in doing so, the landlord abandoned all claims against them. 
C)  The tenants had been evicted without cause, and so the landlord was required to pay damages on the counterclaim. 
D)  The conduct of the landlord resulted in a forfeiture of the lease, so no damages were payable. 
E)  The lease was void for illegality, so no damages were payable.

Question 6

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Accepted Answer

A)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
B)  A duty is only owed when the information is copyrighted or patented. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. 
D)  There is an obligation of duty, only if stems from contract law. 
E)  The duty is owed only between partners within a partnership.

Question 7

Discuss the various obligations of bailees when looking after the property of others.

Accepted Answer

The answer of Discuss the various obligations of bailees when...

Question 8

What is meant by the term "distress" in the context of landlord-tenant relations?

Accepted Answer

The answer of What is meant by the term "distress"...

Question 9

If a copyright owner has grounds for believing that a person is infringing his copyright,but fears that the infringer may destroy the evidence,the owner could go to court to get an Anton Piller order,which would allow him to search and seize the evidence.

Accepted Answer

A) True 
 B)False

Question 10

If Niles and Frasier buy a "fee simple" interest,which of the following is true with regard to their rights?

Accepted Answer

A)  In law, they are entitled only to the surface of the earth within the boundaries. 
B)  They have rights to the area under their land, including the mineral rights. 
C)  The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever. 
D)  Today a person's right to the area above his land is restricted to that part of it he can make use of. 
E)  You can sue an airplane for trespass for flying at 30 000 feet over your property.

Question 11

Harry's lawn mower ceased to work,and in order to get the lawn mowed,he borrowed his neighbour's lawn mower.Which one of the following is correct with respect to Harry's responsibility in relation to that lawn mower?

Accepted Answer

A)  This is a gratuitous bailment, and as such, Harry has no legal obligation to look after the lawn mower. 
B)  This is a gratuitous bailment for Harry's benefit, and as such, Harry has a duty to be reasonably careful that no harm or accident come to that lawn mower. 
C)  Because Harry has borrowed the lawn mower, he is obligated to return it in the condition it was given and is liable for any damage or loss no matter what the reason. 
D)  If, when Harry asked his neighbour, the neighbour was reluctant to lend it to Harry but did so anyway, this is an example of an involuntary bailment. 
E)  Because the lawn mower is valuable, this is an example of a bailment for value.

Question 12

Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents,which referred to a transfer of a "fee simple." The following statements were made to him to explain the term.Which is correct?

Accepted Answer

A)  Technically, only the Crown owns the land, but the fee simple interest is the greatest bundle of rights, other than the Crown's, a person can own. 
B)  The owner of the fee simple has the right to exclusive possession of the land until his death. 
C)  If the owner of the fee simple dies without a will, his estate reverts back to the Crown. 
D)  The owner of the fee simple has rights to the surface of the earth and also unlimited use of the airspace above his property. 
E)  The owner of the fee simple also owns what is below the land including mineral rights.

Question 13

It is possible for a trademark name to lose its status through common use.

Accepted Answer

A) True 
 B)False

Question 14

The Industrial Design Act requires registration,within three years of its publication,of a unique shape,pattern,or ornament.

Accepted Answer

A) True 
 B)False

Question 15

Marian met with the owner of a warehouse and contracted for factory space for a two-year term.The amount to be paid ($2400 yearly)and the premises were made clear,but nothing else was discussed.The law,however,implies some terms.Which of the following is a term of the contract?

Accepted Answer

A)  The landowner has no obligation to provide vacant possession at the time the lease period is to start. 
B)  The landlord need not provide quiet enjoyment of the premises. 
C)  The landlord has no general obligation to deliver premises that are clean or in good repair. 
D)  The premises will be reasonably fit for her purpose. 
E)  The tenant is responsible for normal wear and tear.

Question 16

When a person has the right to go across land to get to another location,this is referred to as what?

Accepted Answer

The answer of When a person has the right to...

Question 17

A finder has no obligation to return found goods to the proper owner.

Accepted Answer

A) True 
 B)False

Question 18

What period of protection is granted under industrial design legislation?

Accepted Answer

The answer of What period of protection is granted under...

Question 19

Which of the following is false with regard to copyright law in Canada?

Accepted Answer

A)  A Canadian author automatically acquires copyright upon the creation of her book, if she wasn't employed to write it. 
B)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
C)  Generally, the term of copyright is the life of the author plus fifty years. 
D)  Registration of copyright is restricted to published works. 
E)  Not everyone can receive copyright protection in Canada for his work created elsewhere.

Question 20

With regard to real property law,which one of the following is true?

Accepted Answer

A)  If the fee simple is conveyed to Mr. and Mrs. So and there is no indication of the nature of their co-ownership, they take the land as joint tenants. 
B)  A life estate is an interest in land that necessarily ends when the life of the grantor ends. 
C)  An interest in land less than an estate (e.g., an easement) gives its owner exclusive possession of that property for some period of time. 
D)  If one co-owner wants to sell but the other won't consent to the sale, the first one may be able to get a court order to sell the property. 
E)  If a father cuts his family out of his will and leaves the property to someone else, there is no legal recourse for the family; i.e., the property is his to dispose of entirely as he wishes.

Exam 13: Real, Personal, and Intellectual Property

In a three-year commercial lease,the tenant must give the landlord two months notice upon leaving.

Which of the following statements is correct with respect to the creation of a bailment?

If a copyright owner has grounds for believing that a person is infringing his copyright,but fears that the infringer may destroy the evidence,the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?

Because a tenancy is primarily contractual and so does not "run with the land," it will not bind a purchaser of a building.

The case of Applewood Lane West Ltd.v.Scott involved two tenants who,to get out of their lease,had a series of "lease-breaking parties." As expected,they were evicted.The landlord had trouble renting the premises and sued the tenants.What was the result?

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Discuss the various obligations of bailees when looking after the property of others.

What is meant by the term "distress" in the context of landlord-tenant relations?

If a copyright owner has grounds for believing that a person is infringing his copyright,but fears that the infringer may destroy the evidence,the owner could go to court to get an Anton Piller order,which would allow him to search and seize the evidence.

If Niles and Frasier buy a "fee simple" interest,which of the following is true with regard to their rights?

Harry's lawn mower ceased to work,and in order to get the lawn mowed,he borrowed his neighbour's lawn mower.Which one of the following is correct with respect to Harry's responsibility in relation to that lawn mower?

Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents,which referred to a transfer of a "fee simple." The following statements were made to him to explain the term.Which is correct?

It is possible for a trademark name to lose its status through common use.

The Industrial Design Act requires registration,within three years of its publication,of a unique shape,pattern,or ornament.

Marian met with the owner of a warehouse and contracted for factory space for a two-year term.The amount to be paid ($2400 yearly) and the premises were made clear,but nothing else was discussed.The law,however,implies some terms.Which of the following is a term of the contract?

When a person has the right to go across land to get to another location,this is referred to as what?

A finder has no obligation to return found goods to the proper owner.

What period of protection is granted under industrial design legislation?

Which of the following is false with regard to copyright law in Canada?

With regard to real property law,which one of the following is true?