This document discusses consumer protection laws and activities related to understanding a person's rights regarding ownership and possession of personal property. It addresses how ownership can be acquired through creation, accession, confusion, gifts, and bailments. Bailee and bailor rights and duties are explained. Various types of real property ownership, sales, security interests, liens, and land use restrictions are defined. The landlord-tenant relationship and its implications are described, as are products liability causes of action, defenses, and damages in tort suits. Concepts affecting tort claims like joint liability and vicarious liability are also addressed.
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
BBA 3210, Business Law 1 Course Learning Outcomes for.docxmadlynplamondon
BBA 3210, Business Law 1
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
5. Define the limitations of all forms of business ownership.
5.1 Define the limitations of business ownership and protecting property.
6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual
property.
Course/Unit
Learning Outcomes
Learning Activity
5.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assignment
6.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
6.2
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
Unit III Assignment
Required Unit Resources
Chapter 8: Real, Personal, and Intellectual Property, pp. 158–175
Unit Lesson
Introduction to Property
Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.
Real Property
Owning realty includes more than the surface of the land. There are three types of realty: airspace rights (at
the top), surface rights (under airspace rights but just under Earth’s surface), and mineral rights (under
surface rights).
The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
UNIT III STUDY GUIDE
Real, Personal, and Intellectual Property
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).
The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve posses.
BBA 3210, Business Law 1 Course Learning Outcomes for.docxgertrudebellgrove
BBA 3210, Business Law 1
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
5. Define the limitations of all forms of business ownership.
5.1 Define the limitations of business ownership and protecting property.
6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual
property.
Course/Unit
Learning Outcomes
Learning Activity
5.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assignment
6.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
6.2
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
Unit III Assignment
Required Unit Resources
Chapter 8: Real, Personal, and Intellectual Property, pp. 158–175
Unit Lesson
Introduction to Property
Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.
Real Property
Owning realty includes more than the surface of the land. There are three types of realty: airspace rights (at
the top), surface rights (under airspace rights but just under Earth’s surface), and mineral rights (under
surface rights).
The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
UNIT III STUDY GUIDE
Real, Personal, and Intellectual Property
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).
The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve posses.
For this milestone, you will review Case Study Two and compose a.docxtamikowadson
For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two Guidelines and Rubric document and the Milestone Two Template in the Assignment Guidelines and Rubrics section of the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the company offered to purchase the property it needed, the owners would not accept the offers. The firm then approached the Detroit Economic Development Corporation with a request that the corporation use its power of eminent domain to acquire a large parcel of land on which members of the plaintiff organization, Poletown Neighborhood Council, resided and had small businesses. Once the corporation had acquired the land, it would be conveyed to General Motors for its plant expansion. The justification for the use of eminent domain was the creation of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed, sued the city and the development corporation on the grounds that they were abusing their power of eminent domain to take private property for a private use.
1.
Can business managers ask the city to buy real property for them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take the property for the corporation?
The Wrap-Up at the end of the chapter will answer these questions.
p. 1079
Ownership of real property seems to be one of the goals of most people in the United States. In this chapter we examine the nature of real property, the types of interests someone can own in real property, and how those interests can be transferred. As the opening scenario implies, transfers can be either voluntary or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates. Individuals searching for roommates create profiles using questionnaires provided by the Web site. The questionnaires ask for information about age, sex, and sexual orientation, as well as whether the perso ...
Free Essays from 123 Help Me | Property Law Chuck decides to go into property development. He finds for sale a row of three derelict empty cottages close to .... 63, property law. university of essex school of law assignment feedback and cover sheet (do not write your name on this sheet or your essay) module name:. Land Law Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a .... Property Law 1 (Land Law). Info: 3964 words (16 pages) Essay Published: 16th Jul 2019. Reference this. Jurisdiction / Tag(s): UK Law.. Property law is a set of legal rules that controls the use, enjoyment, and rental of property. Many of the laws affecting property were established by English .... Explore a big database【WITH NO SIGN UP】– 100% FREE Property Law Essay Examples✓All popular types of essays ➥ Argumentative, Persuasive, .... Quiz yourself on Property, Exam 2 of 30 law essay practice questions and writing exercises by Quimbee. Built to emulate law school and MEE exams.. View and download property law essays examples. Also discover topics, titles, outlines, thesis statements, and conclusions for your property law essay.. An easement is the right to enter onto someone's land and use a portion of that ... Under the common law, title in land was measured by first in time, .... Intellectual property law essay examples written by your fellow students are collected here. LawBirdie is the best database of free law essay ...
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
In today’s litigation and regulatory climate, class actions alleging statutory violations can pose some of the most persistent and troublesome threats to lenders...
Learning ResourcesThis page contains the Learning Resources fo.docxsmile790243
Learning Resources
This page contains the Learning Resources for this week. Be sure to scroll down the page to see all of the assigned resources for this week. To view this week's media resources, please use the streaming media player below.
Media
·
Video: Laureate Education (Producer). (n.d.). Property law (Bundle of sticks) [Video file]. Retrieved from https://class.waldenu.edu
Note: The approximate length of this media piece is 3 minutes.
Readings
· Course Text: Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.). New York: Wolters Kluwer.
. Chapter 9, "Property and Estate Law"
· Article: Legal Information Institute. (2005). Kelo v. New London (04-108) 545 U.S. 469. Retrieved from http://www.law.cornell.edu/supct/html/04-108.ZS.html
· Article: Legal Information Institute. (2004). Uniform commercial code: Article 2a. Retrieved from http://www.law.cornell.edu/ucc/2A/
· Article: Findlaw. (n.d.). Overview: Commercial lease agreements. Retrieved January 6, 2011, from http://smallbusiness.findlaw.com/business-operations/commercial-lease-agreement-overview.html
· Article: Hudson, D. Z. (2010). Eminent domain due process. Yale Law Journal, 119, 1280–1327.
Use the Academic Search Complete database, and search using the article's title.
Enter your MyWalden user name: ([email protected]) and password (3#icldyoB1) at the prompt.
Hudson, D. (2010). Eminent Domain Due Process. Yale Law Journal, 119(6), 1280-1327.
Other Resources
· Commercial Lease Agreement
WAL_PSPA3010_05_
A_EN-CC.mp4
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
®Wolters Kluwer
Property and Estate Law
In no country in the world is the love of property more
active and more anxious than in the United States.
Alexis de Tocqueville
CHAPTER OBJECTIVES
_-Vter reading this chapter, you should be able to:
• Define real and personal property.
• Discuss the rights of landlords and tenants.
• Distinguish the different forms of joint property ownership.
• Discuss limitations on property rights.
• Discuss how property can be transferred either on a temporary or per-
manent basis.
• Discuss intestate versus testate succession.
• Explain the requirements for a valid will and the probate process.
INTRODUCTION
The concept of property is at the heart of the American legal system. Our eco-
-omic system is built on the ideas of capitalism and free enterprise, and the con-
:ept of private property rights is central to our economic success.
Property is usually thought of as being a tangible object, such as a house
r an automobile. However, in law the term applies to the set of rights related
:o ownership. Examples include deeds, leases, easements, contractual rights,
341
• 3 ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
BBA 3210, Business Law 1 Course Learning Outcomes for.docxmadlynplamondon
BBA 3210, Business Law 1
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
5. Define the limitations of all forms of business ownership.
5.1 Define the limitations of business ownership and protecting property.
6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual
property.
Course/Unit
Learning Outcomes
Learning Activity
5.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assignment
6.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
6.2
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
Unit III Assignment
Required Unit Resources
Chapter 8: Real, Personal, and Intellectual Property, pp. 158–175
Unit Lesson
Introduction to Property
Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.
Real Property
Owning realty includes more than the surface of the land. There are three types of realty: airspace rights (at
the top), surface rights (under airspace rights but just under Earth’s surface), and mineral rights (under
surface rights).
The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
UNIT III STUDY GUIDE
Real, Personal, and Intellectual Property
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).
The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve posses.
BBA 3210, Business Law 1 Course Learning Outcomes for.docxgertrudebellgrove
BBA 3210, Business Law 1
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
5. Define the limitations of all forms of business ownership.
5.1 Define the limitations of business ownership and protecting property.
6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual
property.
Course/Unit
Learning Outcomes
Learning Activity
5.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assignment
6.1
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
6.2
Unit Lesson
Chapter 8, pp. 158–175
Unit III Assessment
Unit III Assignment
Required Unit Resources
Chapter 8: Real, Personal, and Intellectual Property, pp. 158–175
Unit Lesson
Introduction to Property
Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.
Real Property
Owning realty includes more than the surface of the land. There are three types of realty: airspace rights (at
the top), surface rights (under airspace rights but just under Earth’s surface), and mineral rights (under
surface rights).
The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
UNIT III STUDY GUIDE
Real, Personal, and Intellectual Property
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).
The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve posses.
For this milestone, you will review Case Study Two and compose a.docxtamikowadson
For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two Guidelines and Rubric document and the Milestone Two Template in the Assignment Guidelines and Rubrics section of the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the company offered to purchase the property it needed, the owners would not accept the offers. The firm then approached the Detroit Economic Development Corporation with a request that the corporation use its power of eminent domain to acquire a large parcel of land on which members of the plaintiff organization, Poletown Neighborhood Council, resided and had small businesses. Once the corporation had acquired the land, it would be conveyed to General Motors for its plant expansion. The justification for the use of eminent domain was the creation of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed, sued the city and the development corporation on the grounds that they were abusing their power of eminent domain to take private property for a private use.
1.
Can business managers ask the city to buy real property for them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take the property for the corporation?
The Wrap-Up at the end of the chapter will answer these questions.
p. 1079
Ownership of real property seems to be one of the goals of most people in the United States. In this chapter we examine the nature of real property, the types of interests someone can own in real property, and how those interests can be transferred. As the opening scenario implies, transfers can be either voluntary or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates. Individuals searching for roommates create profiles using questionnaires provided by the Web site. The questionnaires ask for information about age, sex, and sexual orientation, as well as whether the perso ...
Free Essays from 123 Help Me | Property Law Chuck decides to go into property development. He finds for sale a row of three derelict empty cottages close to .... 63, property law. university of essex school of law assignment feedback and cover sheet (do not write your name on this sheet or your essay) module name:. Land Law Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a .... Property Law 1 (Land Law). Info: 3964 words (16 pages) Essay Published: 16th Jul 2019. Reference this. Jurisdiction / Tag(s): UK Law.. Property law is a set of legal rules that controls the use, enjoyment, and rental of property. Many of the laws affecting property were established by English .... Explore a big database【WITH NO SIGN UP】– 100% FREE Property Law Essay Examples✓All popular types of essays ➥ Argumentative, Persuasive, .... Quiz yourself on Property, Exam 2 of 30 law essay practice questions and writing exercises by Quimbee. Built to emulate law school and MEE exams.. View and download property law essays examples. Also discover topics, titles, outlines, thesis statements, and conclusions for your property law essay.. An easement is the right to enter onto someone's land and use a portion of that ... Under the common law, title in land was measured by first in time, .... Intellectual property law essay examples written by your fellow students are collected here. LawBirdie is the best database of free law essay ...
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
In today’s litigation and regulatory climate, class actions alleging statutory violations can pose some of the most persistent and troublesome threats to lenders...
Learning ResourcesThis page contains the Learning Resources fo.docxsmile790243
Learning Resources
This page contains the Learning Resources for this week. Be sure to scroll down the page to see all of the assigned resources for this week. To view this week's media resources, please use the streaming media player below.
Media
·
Video: Laureate Education (Producer). (n.d.). Property law (Bundle of sticks) [Video file]. Retrieved from https://class.waldenu.edu
Note: The approximate length of this media piece is 3 minutes.
Readings
· Course Text: Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.). New York: Wolters Kluwer.
. Chapter 9, "Property and Estate Law"
· Article: Legal Information Institute. (2005). Kelo v. New London (04-108) 545 U.S. 469. Retrieved from http://www.law.cornell.edu/supct/html/04-108.ZS.html
· Article: Legal Information Institute. (2004). Uniform commercial code: Article 2a. Retrieved from http://www.law.cornell.edu/ucc/2A/
· Article: Findlaw. (n.d.). Overview: Commercial lease agreements. Retrieved January 6, 2011, from http://smallbusiness.findlaw.com/business-operations/commercial-lease-agreement-overview.html
· Article: Hudson, D. Z. (2010). Eminent domain due process. Yale Law Journal, 119, 1280–1327.
Use the Academic Search Complete database, and search using the article's title.
Enter your MyWalden user name: ([email protected]) and password (3#icldyoB1) at the prompt.
Hudson, D. (2010). Eminent Domain Due Process. Yale Law Journal, 119(6), 1280-1327.
Other Resources
· Commercial Lease Agreement
WAL_PSPA3010_05_
A_EN-CC.mp4
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
®Wolters Kluwer
Property and Estate Law
In no country in the world is the love of property more
active and more anxious than in the United States.
Alexis de Tocqueville
CHAPTER OBJECTIVES
_-Vter reading this chapter, you should be able to:
• Define real and personal property.
• Discuss the rights of landlords and tenants.
• Distinguish the different forms of joint property ownership.
• Discuss limitations on property rights.
• Discuss how property can be transferred either on a temporary or per-
manent basis.
• Discuss intestate versus testate succession.
• Explain the requirements for a valid will and the probate process.
INTRODUCTION
The concept of property is at the heart of the American legal system. Our eco-
-omic system is built on the ideas of capitalism and free enterprise, and the con-
:ept of private property rights is central to our economic success.
Property is usually thought of as being a tangible object, such as a house
r an automobile. However, in law the term applies to the set of rights related
:o ownership. Examples include deeds, leases, easements, contractual rights,
341
• 3 ...
1. Consumer Protection Laws—Activities 1
CPCU 530 Study Aid 4
Business Law for the Insurance Professional
Donna M. Kesot, CPCU & AICPCU
February 27, 2013
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
2. Bailee’s and Bailor’s Rights and Duties—Activities 2
Chapter 5
Educational Objective (EO) -- Ownership and Possession of
Personal Property
Explain how a person can acquire ownership of personal property in each of these ways:
Creation
Accession
Confusion
Gifts
Bailments
Developing a Scenario to Explain Ownership and Possession of Personal Property
Develop a scenario that illustrates how someone acquires legal ownership, using specific
examples of the method assigned to them.
Describe protected rights, as a result of acquiring that type of ownership.
Educational Objective (EO) -- Bailee’s and Bailor’s Rights and
Duties
Describe the respective rights and duties of a bailee and a bailor.
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
3. Bailee’s and Bailor’s Rights and Duties—Activities 3
Quiz Yourself (cover Answer column and see how you do)
Questions Rights & Duties of Answers
Bailees&Bailors
1. Who is a bailee?
2. What is bailment?
3. Who is a bailor?
4. Explain how sole and mutual
benefit affect the bailee’s rights.
5. Describe the role of compensation
in a bailment.
6. What is a lien? What is a
possessory lien?
7. Describe the bailee’s duties.
8. Explain why and how the bailee
has an insurable interest in the
goods.
9. Describe possession and ownership
of goods as it relates to the bailee.
10. Describe the bailor’s rights and
duties.
11. When is a bailor responsible for a
bailee’s negligent use of property?
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
4. Land Use Restrictions—Activities 4
Educational Objective (EO) -- Real Property Ownership
Describe these types of real property ownership:
Fee simple estate
Life estate
Joint tenancy
Tenancy by the entirety
Tenancy in common
Community property
Cooperative ownership
Condominium ownership
Quiz Yourself (cover Answer column and see how you do)
Question: Describing Real Property What is…
Owernership
1. A full ownership interest in property with
the unconditional right to dispose of it.
2. Tenancy
3. Joint tenancy
4. A joint tenancy between husband and wife.
5. Ownership, usually of real property such as
an apartment building, by a corporation,
the stockholders of which receive long-
term proprietary leases to a portion of the
property and a proportional vote in its
affairs based on the number of shares
owned.
6. Condominium
7. Community property
8. A concurrent ownership of property, in
equal or unequal shares, by two or more
joint tenants who lack survivorship rights.
9. Life estate
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
5. Land Use Restrictions—Activities 5
Educational Objective (EO) -- Real Property Sales
Describe real property sales in terms of the following (using key elements):
The required elements of a contract of sale
The types of deeds and the characteristics of each
The requirements that deeds must meet
How and why deeds are recorded
Educational Objective (EO) -- Real Property Security Interests
and Liens
Describe the purpose and operation of each of the following:
Mortgages
Trust deeds
Land contracts
Mechanic’s liens
Can you summarize (briefly) the purpose and function of each?
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
6. Land Use Restrictions—Activities 6
Educational Objective (EO) -- Incidental Real Property Rights
Describe each of the following incidental real property rights:
Adverse possession
Rights to whatever is under, above, or on the land’s surface
Rights to lateral and subjacent support
Water rights
Ownership of fixtures
Can you develop a scenario that centers around one or more of the incidental real property rights
described in the content?
The scenario should involve a character who either has or does not have those incidental
property rights.
Educational Objective (EO) -- Land Use Restrictions
Describe the following types of land use restrictions:
Incorporeal interests
Licenses
Government controls.
Quiz Yourself (cover Answer column and see how you do)
What is…
Describing Land Use Restrictions
1. A nonmaterial interest in real property.
2. Easement
3. A government’s regulation of building
construction and occupancy and of land
use according to a comprehensive plan.
4. Profits à prendre
5. License
6. A legal procedure by which a government
body seeks a court’s permission to seize
private property by eminent domain.
7. Exclusionary zoning
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
7. Land Use Restrictions—Activities 7
8. The right of a government to seize private
property for public use.
9. A provision in a general zoning plan that
assigns a different use for a small area of
land than that of the surrounding area.
10. Variance
11. An exception to the application of a zoning
ordinance for lots that, because of size,
topography, or other physical limitations,
do not conform to the ordinance
requirements for the zone.
12. Nonconforming use
13. A land use explicitly permitted by a zoning
ordinance but subject to certain limitations.
14. Local ordinances or state statutes that
regulate the construction of buildings
within a municipality, county, or state.
15. Use variance
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
8. Damages in Tort Suits—Activities 8
Educational Objective (EO) -- The Landlord and Tenant
Relationship
Describe the landlord-tenant relationship in terms of the following:
The three types of landlord-tenant estates
Landlord’s rights and duties
Landlord’s remedies
Tenant’s rights and duties
________________________________________________________________________
A. What are the three types of landlord-tenant estates? What are the main distinctions between
them?
B. What rights and duties does a landlord have?
C. What legal actions can a landlord take in response to a tenant breaching a lease agreement?
D. On the other hand, what rights and duties are given to a tenant?
E. When would there be exceptions, for either party?
Educational Objective (EO) - Products Liability
Describe these causes of action for products liability and the possible defenses to them:
Misrepresentation
Breach of warranty
Strict liability and negligence
Describing Causes of Action and Defenses in Products Liability
Most products liability suits are based on one or more of these legal principles:
Misrepresentation
Breach of warranty
Strict liability and negligence
Describe each of these legal principles and include definitions of key terms where applicable.
Describe the types of product defects typically cited in product liability causes of actions, which
parties may be liable, and which parties may be protected.
What are the types of defenses that may be used in product liability. Include definitions of key
terms, where applicable.
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
9. Damages in Tort Suits—Activities 9
Educational Objective (EO) -- Damages In Tort Suits
Describe the types of damages a court can award a plaintiff for a tort claim.
Quiz Yourself (cover Answer column and see how you do)
Damages in Tort Suits What is/are…?
1. Emotional distress
2. A form of compensatory damages that
awards a sum of money for specific,
identifiable expenses associated with the
injured person's loss, such as medical
expenses or lost wages.
3. Exemplary damages
4. A payment awarded by a court to punish a
defendant for a reckless, malicious, or
deceitful act or to deter similar conduct;
need not bear any relationship to a party's
actual damages.
5. Pain and suffering
6. The circumstances under which a court can
award punitive damages.
7. A monetary award to compensate a victim
for losses, such as pain and suffering, that
do not involve specific measurable
expenses.
8. Wrongful death action
9. The compensatory damages to
compensate a plaintiff for any loss of
income directly related to a tort.
10. A statute that preserves the right of a
person’s estate to recover damages that
person sustained between the time of
injury and death.
11. Three factors considered in assessing
punitive damages.
12. A payment awarded by a court to
indemnify a victim for actual harm.
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters
10. Damages in Tort Suits—Activities 10
Educational Objective (EO) -- Liability Concepts Affecting
Tort Claims
Explain how these concepts can affect a tort claim:
Joint tortfeasor's liability
Expanded liability concepts
Vicarious liability
Good Samaritan issues
Class actions and mass tort litigation
Copyright Donna M. Kesot, CPCU
Copyright American Institute For Chartered Property Casualty Underwriters