quiz questoins Flashcards
A small child who runs on the neighbors lawn to retrieve a ball? is this trespass and what kind of damages can you get? run through the elements of right to exclude!
walk through this step by step
was the trespass intentional (element 1) when the child knowingly goes on to the neighbor’s lawn?
o Yup. So we have the first element met it was intentional that
- interest of the landowner violated (element 2).
o Yup!
- so that they can absolutely get nominal damages. When the child trespasses on the neighbor’s lawn?
- BUT would it meet the rationale to punish?
o Probably not.
- So you want to punish somebody for acting with malice! (element 3)
- child trying to retrieve a ball is not acting with malice. They’re not acting recklessly unless they are seeking to get that ball out of a pool, then there could be an argument that that was reckless Reckless but there’s also an argument that it’s reckless to have a full pool that could be accessible to a child’s ball.
migrant workers invite outside people to birthday party, can farmer exclude?
No! the migrant workers are allowed to have visitors page63. Migrant workers must be allowed to receive visitors have their own choice as long as their behavior is not hurtful to others.
can a Homeless squatter live in an abandoned apartment building?
no! they are trying to trick you with human dignity
Delivery Problems, inter vivos gift
Pointing to Gold Pen on desk that is yours!
None WORDS ARE NEVER ENOUGH (plus can you carry this away)
Delivery Problems, inter vivos gift
Pointing: “Drawer and everything in it.” O hand P key. Diamond and Title to O’s car.
Constructive delivery the answer is maybe. Look at the working this, this is not delivery if you can pick up the drawer (look at how she plays with these.
Delivery Problems, inter vivos gift
“I want you to have my Van Gogh. Pick it up (office in Rome) whenever.”
No, transfer of any physical object, this the letters form gruen.
Delivery Problems, inter vivos gift
Handing over bank book, all the money is yours
NO, a bank book is symbolic of a savings account with a bank book it either has to be delivered to the done and a letter must be fully delivered to the bank in order for it to constitute proper delivery. So that if it’s just a bank book with no delivery to the bank or the money was never taken out. It is not delivery but bank books have separate rules.
Delivery Problems, inter vivos gift
200 shares of Google stock, handing them to P. “…when I die. Keep them safe.”
No, this needed to be in a will, because when I die.
Delivery Problems, inter vivos gift
O lends a book. Finds 2nd copy. Calls “Keep that book I let you. It’s yours!”
physical , the order does not mater, you can inform intent after delivery! The 3 elements can happen in any order.
Delivery Problems, inter vivos gift
Beware of checks and bank books!
Majority rule on checks? Majority rule on checks, is that they are not considered delivered until they are cashed.
WhyBecause the time period between when you hand the check in, when they actually cash the check all of the money from the bank can be withdrawn.
Tenant T enters into a two year lease with landlord for a studio apartment on the fourth floor, of a 20 unit complex agreeing to pay $1,000 a month. One year later T abandons. Under the sommer approach has landlord L acted appropriately to mitigate her damages. if LL always shows the apartment last.
This is a “maybe answer.” Sommer requires the landlord to treat the vacant apartment as if it’s any other vacant apartment. If the vacant apartment is literally the last one. They reach, that is okay, if LL is purposely showing it last then that is not ok.
Tenant T enters into a two year lease with landlord for a studio apartment on the fourth floor, of a 20 unit complex agreeing to pay $1,000 a month. One year later T abandons. Under the sommer approach has landlord L acted appropriately to mitigate her damages. LL puts a sign in the window of Lease units, the sign is two feet tall, three feet wide. It read reads for rents it a telephone number. No one comes to look at the apartments?
NO! because it’s on the fourth floor of the apartment building. So it would be pretty hard to see that.
Tenant T enters into a two year lease with landlord for a studio apartment on the fourth floor, of a 20 unit complex agreeing to pay $1,000 a month. One year later T abandons. Under the sommer approach has landlord L acted appropriately to mitigate her damages. LL hires a real estate broker to find tenants for all of her bacon departments including t’s unit, the broker finds v. Who wants to rent to department. The offers to pay $900 a month, remember that what he was paying was $1,000 a month L refuses. Is this reasonable efforts?
Yes, so this would be reasonable efforts on the part of the landlord! because they got a broker, they actively took an extra Step in order to make this available to people. You do not have to accept a below market offer if you have taken reasonable steps to mitigate. If you take a below market offer you can sue tenant one for the balance.
January 1 2020 for a period of one year. is what kind of tenancy
Periodic tenancy
January 1 2022 December 31 2020 is what kind of tenancy
term of years
