Q5 Legal Personality & Ownership Flashcards
Which of the following are unlikely to be examples of rights available over common land
A.
A right to gather firewood
B.
A right to graze sheep
C.
A right to dance around the maypole
D.
A right to fence off an area and keep everyone else out
D.
A right to fence off an area and keep everyone else out
‘Fragmentation of title’ means
A.
The way in which ‘ownership’ of a piece of land may actually be held by a number of people - each in their own different capacity (thus freeholder, tenant, mortgagee).
B.
The way in which the right to develop a piece of land may actually be held by a number of people - each in their own different capacity (thus freeholder, tenant, mortgagee).
C.
The way in which ‘ownership’ of a building may actually be held by a number of people - each in their own different capacity (thus freeholder, tenant, mortgagee).
D.
The way in which the right to develop a building may actually be held by a number of people - each in their own different capacity (thus freeholder, tenant, mortgagee)
A.
The way in which ‘ownership’ of a piece of land may actually be held by a number of people - each in their own different capacity (thus freeholder, tenant, mortgagee).
Under English Property Law, ‘land’ includes buildings
Which of the following is not a lawful type of restriction upon your use of land?
A.
A burly man wielding a stick who says that he will ‘smack you one’ if you build your proposed extension.
B.
A restrictive covenant contained in your title documents that says that you are not allowed to build upon your land.
C.
A letter from the local planning authority warning you that you need Planning Permission to carry out your proposed extension.
D.
A public right of way running over the plot of your proposed extension.
A.
A burly man wielding a stick who says that he will ‘smack you one’ if you build your proposed extension.
What does PFI stand for?
A.
Private Finance Initiative
B.
Private Finance Invitation
C.
Public Finance Initiative
D.
Pubic Finance Initiative
A.
Private Finance Initiative
Which of the following is not a legal person?
A.
A robot
B.
A human being
C.
A Limited Company
D.
Sheffield Hallam University
A.
A robot
Which of the following does not have separate legal personality?
A.
A partnership
B.
A limited partnership (LLP)
C.
A limited company (Ltd)
D.
A public limited company (PLC)
A.
A partnership
An individual who is self employed as a window cleaner is likely to be what?
A.
A sole trader
B.
A soul trader
C.
A soul treader
D.
A sole treader
A.
A sole trader
If two or more people are running a business together and they don’t do anything to set up a particular type of legal structure for it what form will it take by default?
A.
Partnership
B.
Limited Partnership
C.
Limited Company
D.
Sole Trader
A.
Partnership
What is the name of the government agency that manages information about companies?
A.
Companies House
B.
Companies Registry
C.
Companies Unlimited
D.
Companies R Us
A.
Companies House
A Trust arises where
A.
a person gives legal ownership of an asset to someone, and asks them to look after that asset on behalf of a beneficiary (either them or another person who they want to have the benefit of that managed asset)
B.
a person gives equitable ownership of an asset to someone, and asks them to look after that asset on behalf of a beneficiary (either them or another person who they want to have the benefit of that managed asset)
C.
a person gives legal ownership of an asset to someone, and asks them to look after that asset on behalf of a trustee (either them or another person who they want to have the benefit of that managed asset)
D.
a person gives legal ownership of an asset to someone, and asks them not to look after that asset on behalf of a beneficiary (either them or another person who they want to have the benefit of that managed asset)
A.
a person gives legal ownership of an asset to someone, and asks them to look after that asset on behalf of a beneficiary (either them or another person who they want to have the benefit of that managed asset)
Which of the following is not a joint venture?
A.
A special purpose vehicle (SPV) sent up by two companies to jointly pursue a particular business objective
B.
An agreement in which two companies agree to jointly pursue a particular business objective
C.
An agreement in which one party agrees to undertake certain steps on behalf of another party
D.
A partnership set up by two companies to jointly pursue a particular business objective
C.
An agreement in which one party agrees to undertake certain steps on behalf of another party
Why is it increasingly common to find high value commercial real estate owned by SPVs rather than owned directly by their developer?
A.
Because it is cheaper to sell a company that owns a building than to sell the building directly
B.
Because it is more expensive to sell a company that owns a building than to sell the building directly
C.
Because it is cheaper to sell a council that owns a building than to sell the building directly
D.
Because it is cheaper to sell a company that runs a building than to sell the building directly
A.
Because it is cheaper to sell a company that owns a building than to sell the building directly
Which of the following relationships is unlikely to give rise to vicarious liability?
A.
employer / employee
B.
partner / partner
C.
director / company
D.
regulator / business
D.
regulator / business
If I am involved in a car accident in which a Creamy White Dairy PLC milk float driven by Barry Berk crashes into me, which of the following is not a valid reason why I’m likely to bring my claim for compensation against the Dairy?
A.
The Dairy is likely to be insured
B.
The Dairy has more assets than Mr Berk
C.
The Dairy has a duty to adequately train its employee
D.
I am not allowed to claim against an employee if he was driving his employer’s vehicle, I have to claim against his employer
D.
I am not allowed to claim against an employee if he was driving his employer’s vehicle, I have to claim against his employer
(NOT)
If I appoint a contractor to do building work on my property, which of the following principles is not one that could lead to me having responsibility for the contractor’s actions or errors?
A.
If I ratify the contractor’s wrongdoing by telling them that I’m happy with their defective work and do not want them to correct it
B.
If I was negligent in how I selected the contractor, and I appointed someone who clearly was not suitable for the job.
C.
If I have a complex site, and failed to give clear and adequate instructions to the contractor.
D.
If I fail to pay the contractor.
D.
If I fail to pay the contractor.
Whether or not I pay the contractor has no relevance to the issue of whether or not I may have responsibility for what the contractor has done (or not done). All of the other situations are factors that could lead to me having liability. Otherwise, a client will not normally have liability for what their contractor does (or doesn’t do).
