Ch 17/18 - Property Law Flashcards

1
Q

Personal Property

A

all property, other than land and what is attached to it

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2
Q

tangible property

A

personal property which is mobile, the value of which comes from its physical form

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3
Q

intangible property

A

personal property, the value of which comes from legal rights

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4
Q

bailment

A

temporary transfer of possession of personal property from one person to another

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5
Q

bailor

A

the owner of property who transfers possession in a bailment

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6
Q

bailee

A

person who receives possession in a bailment

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7
Q

bailment for value

A

bailment involving payment for use of property or a service

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8
Q

gratuitous bailment

A

bailment that involves no payment

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9
Q

warehouseman

A

a bailee who stores personal property

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10
Q

carrier

A

a bailee who transports personal property

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11
Q

innkeeper

A

someone who offers lodging to the public

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12
Q

Chattel lease

A

a contract where a lessee pays for the use of a lessor’s tangible personal property

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13
Q

operating lease

A

a lease where the property is returned to the lessor when the term is up

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14
Q

financing lease

A

lease that enables the lessee to finance the acquisition of tangible personal property

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15
Q

lien

A

the right to retain possession of personal property until payment for service is received

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16
Q

intellectual property

A

the results of the creative process, such as ideas, the expression of ideas, formulas, schemes, trademarks, and the like; also refers to the protection attached to ideas through patent, copyright, trademark, industrial design, and other similar laws

17
Q

patent

A

monopoly to make, use, or sell an invention

18
Q

patent agent

A

a professional trained in patent law and practice who can assist in the preparation of a patent application

19
Q

specifications

A

the description of an invention contained in a patent

20
Q

claims

A

the exclusive rights of patent

21
Q

industrial design

A

the visual features of shape, configuration, pattern, ornamentation, or any combination of these applied to a finished article of manufacture

22
Q

trademark

A

a word, symbol, design, or any combination of these used to distinguish the source of goods or services

23
Q

distinguishing guise

A

a shaping of wares or their container, or a mode of wrapping or packaging wares

24
Q

trade name

A

the name under which a sole proprietorship, a partnership, or a corporation does business

25
Q

cyber-squatting

A

the bad-faith practice of registering trademarks or trade names of others as domain names for purpose of selling the domain name to the rightful owner or preventing the rightful owner from obtaining the domain name

26
Q

copyright

A

the right to prevent others from copying or modifying certain works

27
Q

moral rights

A

the author’s rights to have work properly attributed and not prejudicially modified or associated with products

28
Q

fair dealing

A

a defence to copyright infringement that permits the copying of works for limited purposes

29
Q

confidential business information

A

information that provides a business advantage as result of the fact that it is kept secret

30
Q

assignment

A

the transfer of a right by an assignor to an assignee

31
Q

licence

A

consent given by the owner of rights to someone to do something that only the owner can do

32
Q

Anton Pillar order

A

a pretrial order allowing the seizure of material, including material that infringes intellectual property rights

33
Q

foreclosure

A

the mortgagee’s remedy to terminate the mortgagor’s interest in the land

34
Q

deficiency

A

the shortfall between the outstanding mortgage balance and the proceeds from sale of the land

35
Q

tenant

A

the party in possession of land that is leased

36
Q

landlord

A

owner of land who grants possession tot he tenant

37
Q

lease

A

contract that transfers possession of land from the landlord to the tenant in exchange for the payment of rent; also refers tot he tenant’s interest in land

38
Q

exclusive possession

A

the tenant’s right to control land during the term of a lease