| Property Law |
| #1 |
What is the legal process that a landlord takes to remove a tenant from a rental unit? |
Eviction |
| #2 |
What type of tenancy is defined as an arrangement in which a tenant remains on rented property beyond the end of the lease with the understanding that he may leave or be asked to leave at any time? |
Tenancy at Will |
| #3 |
What type of tenancy is defined as a tenancy enabling the tenant to leave with 30 days’ notice and the landlord to raise the rent or evict the tenant with 30 days’ notice? |
Month to Month Tenancy |
| #4 |
What is the term for complete ownership of real property? |
Fee Simple |
| #5 |
Jones has a fee simple ownership in Blackacre but grants a life estate to Anderson for the duration of his life and then to Boyd for the duration of his life. After three years Anderson dies. Who owns what interest in Blackacre? |
Boyd owns a life estate in Blackacre and Jones owns a fee simple in Blackacre |
| Performance or Substitutes |
| #1 |
If both parties act as they agreed to act under a contract, the contract is discharged by what? |
Performance |
| #2 |
What occurs when one party agrees to waive parts of a contract and thereby gives up some of his rights under the contract? |
Waiver |
| #3 |
What occurs when minor deviations or good faith oversights or failures occur in the performance of a contract but the other side must still perform? |
Substantial Performance |
| #4 |
What occurs when one party agrees to accept some substitute for the promised performance of a contract and the substitution occurs? |
Accord & Satisfaction |
| #5 |
Pearl is 73 years old but is suffering from Alzheimer’s disease and does not even recognize her own children. She takes the senior citizen’s bus to the grocery store and buys food for dinner. Is the contract between Pearl and the grocery store (money in exchange for groceries) valid? Why or why not? |
Yes, although Pearl might not be competent in forming most contracts, there is an exception for the purchase of necessities |
| Discharge |
| #1 |
What happens to a contract for the sale of alcohol if alcohol later becomes illegal? |
Discharged by Subsequent Illegality |
| #2 |
What happens to a contract when one of the party’s debts force it into court reorganization and management? |
Discharged due to Bankruptcy |
| #3 |
What happens to a contract for a specific painting done by a specific famous painter, who later dies? |
Discharged by Literal Impossibility |
| #4 |
Ming Corporation has a contract with XYZ Corporation for the supply of fireworks for the Fourth of July celebration. Unfortunately, Ming Corporation’s plant blew up. What is the result? |
Ming Corporation must still perform under the contract or it is in breach of contract |
| #5 |
What happens to a business contract if it cannot be performed due to the outbreak or war or a natural disaster such as an earthquake? |
Discharged by Commercial Impracticability |
| Warranties |
| #1 |
What is the legal term for the implied warranty that the seller owns and may transfer the item being sold? |
Implied Warranty of Title |
| #2 |
What is the legal term for a statement of fact concerning the quality or performance of goods offered for sale (written, oral, or by demonstration) that becomes part of the bargain? |
Express Warranty |
| #3 |
What warranty guarantees that a landlord must provide a unit fit for human habitation? |
Implied Warranty of Habitability |
| #4 |
What is the legal term for the implied warranty that the item sold is of at least average quality for that type of item? |
Implied Warranty of Merchantability |
| #5 |
What warranty guarantees that a tenant has a right to use and enjoy the property without being disturbed by the landlord or other tenants (this exists whether it is stated in the lease of not)? |
Implied Warranty of Quiet Enjoyment |
