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Questions and Answers
Property law considers only tangible items like equipment and inventory as property.
Property law considers only tangible items like equipment and inventory as property.
False
Cran-Terra can prevent competitors from using their business name by following property law regulations.
Cran-Terra can prevent competitors from using their business name by following property law regulations.
True
The right of citizenship can be considered property that can be owned and transferred.
The right of citizenship can be considered property that can be owned and transferred.
False
All items with value are automatically classified as property by property law.
All items with value are automatically classified as property by property law.
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Cran-Terra may be facing issues with unsold second-hand gear due to mismanagement of property rights.
Cran-Terra may be facing issues with unsold second-hand gear due to mismanagement of property rights.
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Property law only defines property in terms of real estate and physical assets.
Property law only defines property in terms of real estate and physical assets.
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Cran-Terra's obligations regarding personal property extend to protecting their own rights against unauthorized use.
Cran-Terra's obligations regarding personal property extend to protecting their own rights against unauthorized use.
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There are only two categories of property recognized in property law: private property and corporate property.
There are only two categories of property recognized in property law: private property and corporate property.
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Reserve lands are formally recognized by the Crown for the benefit of Indigenous Peoples under the Indian Act.
Reserve lands are formally recognized by the Crown for the benefit of Indigenous Peoples under the Indian Act.
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The doctrine of terra nullius has been upheld by Canadian courts regarding Aboriginal title claims.
The doctrine of terra nullius has been upheld by Canadian courts regarding Aboriginal title claims.
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Aboriginal title can be established through proof of sufficient pre-sovereignty occupation that is intermittent.
Aboriginal title can be established through proof of sufficient pre-sovereignty occupation that is intermittent.
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There are regions of Canada where Aboriginal title can be asserted due to the absence of land surrender agreements.
There are regions of Canada where Aboriginal title can be asserted due to the absence of land surrender agreements.
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The strength of an Aboriginal claim has no impact on the level of duty to consult required from the Crown.
The strength of an Aboriginal claim has no impact on the level of duty to consult required from the Crown.
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Once Aboriginal title is established, the Crown can develop that land without consent from the title-holding group.
Once Aboriginal title is established, the Crown can develop that land without consent from the title-holding group.
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A strong claim must be treated with particular care to preserve Aboriginal interests pending resolution.
A strong claim must be treated with particular care to preserve Aboriginal interests pending resolution.
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Consultation and accommodation are only triggered by formal notifications from Indigenous groups.
Consultation and accommodation are only triggered by formal notifications from Indigenous groups.
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In a bailment situation, the bailee is responsible for latent defects on the property.
In a bailment situation, the bailee is responsible for latent defects on the property.
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The standard of care required of a bailee in commercial bailments is consistently very high.
The standard of care required of a bailee in commercial bailments is consistently very high.
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Both bailor and bailee typically benefit equally in most commercial bailment situations.
Both bailor and bailee typically benefit equally in most commercial bailment situations.
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The standard of care in bailments is generally regarded as very low to favor the bailee.
The standard of care in bailments is generally regarded as very low to favor the bailee.
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Liability in bailment situations is solely governed by legislation.
Liability in bailment situations is solely governed by legislation.
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A bailee is compensated for their services through a lien against the property.
A bailee is compensated for their services through a lien against the property.
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In bailments for value, the risk primarily concerns the ownership rights of the property.
In bailments for value, the risk primarily concerns the ownership rights of the property.
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Non-payment for services such as storage or repair does not present any risk in bailment situations.
Non-payment for services such as storage or repair does not present any risk in bailment situations.
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Howard Lam was part of a group of over 400 men who entered contracts to have their sperm frozen at the University of British Columbia.
Howard Lam was part of a group of over 400 men who entered contracts to have their sperm frozen at the University of British Columbia.
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The sperm stored at the University of British Columbia was rendered useless due to a power outage and the lack of backup systems.
The sperm stored at the University of British Columbia was rendered useless due to a power outage and the lack of backup systems.
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The British Columbia Court of Appeal found that stored sperm does not meet the definition of 'goods' for legal purposes.
The British Columbia Court of Appeal found that stored sperm does not meet the definition of 'goods' for legal purposes.
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Mr. Letwin was required to insure the RV with Camp Mart named as the payee in the insurance policy.
Mr. Letwin was required to insure the RV with Camp Mart named as the payee in the insurance policy.
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Camp Mart agreed to store Mr. Letwin's RV free of charge until the end of October 2016.
Camp Mart agreed to store Mr. Letwin's RV free of charge until the end of October 2016.
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The university argued that a limitation of liability clause in their contract was invalid under the Warehouse Receipt Act.
The university argued that a limitation of liability clause in their contract was invalid under the Warehouse Receipt Act.
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Legislation exists that allows for the commercial trade of human sperm and ova in Canada.
Legislation exists that allows for the commercial trade of human sperm and ova in Canada.
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The trailer was stolen from Camp Mart's property after the site had been secured by a high-tech security system.
The trailer was stolen from Camp Mart's property after the site had been secured by a high-tech security system.
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Consent is required from a donor before their sperm or ova can be used in a fertility clinic according to Canadian legislation.
Consent is required from a donor before their sperm or ova can be used in a fertility clinic according to Canadian legislation.
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Mr. Letwin signed a document stating he was responsible for any losses resulting from damage to the RV.
Mr. Letwin signed a document stating he was responsible for any losses resulting from damage to the RV.
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Mr. Letwin's campsite was ready by October 30, 2016.
Mr. Letwin's campsite was ready by October 30, 2016.
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In the case of a deceased partner, the right to use stored reproductive material requires written consent from the deceased individual.
In the case of a deceased partner, the right to use stored reproductive material requires written consent from the deceased individual.
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Camp Mart's representatives agreed to store the RV as a commercial service for Mr. Letwin.
Camp Mart's representatives agreed to store the RV as a commercial service for Mr. Letwin.
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Cran-Terra is obligated to treat customers' property as a reasonably competent proprietor would treat its own property.
Cran-Terra is obligated to treat customers' property as a reasonably competent proprietor would treat its own property.
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The first case involving access to stored sperm involved a deceased husband who had completed all necessary written consents.
The first case involving access to stored sperm involved a deceased husband who had completed all necessary written consents.
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If Cran-Terra does not register its trade name or trademark, it cannot protect its name from being used by others.
If Cran-Terra does not register its trade name or trademark, it cannot protect its name from being used by others.
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The theft of the RV occurred shortly after the last security check conducted by a security company.
The theft of the RV occurred shortly after the last security check conducted by a security company.
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Normal wear and tear does not require customers to take care of rented equipment.
Normal wear and tear does not require customers to take care of rented equipment.
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Mr. Letwin had a complete understanding of his insurance obligations prior to the purchase of the RV.
Mr. Letwin had a complete understanding of his insurance obligations prior to the purchase of the RV.
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Cran-Terra can negotiate terms in its lease to secure a renewal option and determine future rent amounts.
Cran-Terra can negotiate terms in its lease to secure a renewal option and determine future rent amounts.
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Property law categorizes tangible property as including both goods and intellectual property.
Property law categorizes tangible property as including both goods and intellectual property.
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Cran-Terra has the right to enforce its trademark by suing for damages and obtaining injunctions against unauthorized use.
Cran-Terra has the right to enforce its trademark by suing for damages and obtaining injunctions against unauthorized use.
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Ownership of personal property can only be acquired through donation or essentials like gifting.
Ownership of personal property can only be acquired through donation or essentials like gifting.
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Cran-Terra must take its landlord's decisions on lease terms without negotiation, as leases are non-negotiable.
Cran-Terra must take its landlord's decisions on lease terms without negotiation, as leases are non-negotiable.
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Study Notes
Chapter 17: Introduction to Property Law
- Property encompasses the meaning, forms, acquisition, and associated legal rights and obligations.
Business Law in Practice
- Cranley Arcand and Terry, as co-owners of Cran-Terra Outdoor & Sporting Goods, run a full-service sporting goods business selling new and used equipment.
- Cran-Terra also facilitates a sports exchange, allowing customers to buy, sell, or consign used sporting equipment, and accepts donations to benefit less-fortunate children and teens.
- Their business model includes acquiring used equipment through exchange and donations.
- They face challenges such as a lease renewal and mounting unsold second-hand inventory.
- Their business demonstrates that property law affects personal and business aspects, including acquisition, ownership, and possible disputes.
Introduction to Property Law
- Property law governs relationships concerning ownable items.
- The law defines property considerably, encompassing physical and intangible things.
Defining Property
- Property law is broader than physical items; it encompasses rights to use processes and brand names.
- Valuable aspects, like citizenship, aren't classified as property.
Categories of Property
- Real property constitutes immovable assets like land and its fixed features.
- Real property also includes aspects like the land's subsurface minerals, rights relevant to land, and legal interests. Cran-Terra's lease and building purchase are examples of real property.
- Aboriginal title is a unique type of landownership recognized in Canada, which includes inherent rights.
Business Application of the Law 17.1 (Aboriginal Title)
- Aboriginal title is a legal recognition of Indigenous Peoples' prior occupation and ownership of land, which is distinct from reserve land recognized in the Indian Act.
- Aboriginal land claims have been addressed by courts and modern legal systems.
- Modern claims/agreements have been made but some areas still have outstanding claims.
Business Application of the Law 17.2 (Freshwater)
- Ownership of freshwater is complex and a matter of ongoing discussion and negotiation.
- The legal right to clean and safe drinking water is increasingly recognized as an inalienable human right.
- The case in Example 17.2 represents one example of the challenge.
- The issue of water ownership has legal and social dimensions that go beyond simple ownership.
Business Application of the Law 17.3 (Sperm and Other Human Tissue)
- Legal cases demonstrate that the owner's consent is crucial for the treatment of human reproductive tissues.
- In some cases, courts have considered reproductive materials to be property, but consent requirements are vital.
- Issues like negligence and liability can arise in dealing with this kind of property.
Acquiring Property Rights
- Property can be acquired by creation, purchase, lease, or inheritance.
- Intellectual property rights such as patents are also acquired through legal procedures.
- Squatter's rights, wherein a person acquires a claim by continuously using another's land over an extended period, are relevant to a limited number of situations.
Personal Property
- Personal property includes all property that does not fall under real property.
- Personal property can be tangible or intangible.
Rights to Possess and Use
- The right to possess and use property is a fundamental aspect of ownership. This right is sometimes separate from the ownership of the property itself.
Right to Transfer or Dispose
- Property owners generally have the right to transfer or dispose of their property.
- There are exceptions, such as restrictions on the transfer of certain types of property within a trust or the duration of ownership of the property.
Bailment of Personal Property
- A bailment is a temporary transfer of possession, which does not change the legal ownership of the property.
- The bailee has responsibility to maintain care for the property.
- The particular circumstance and the agreement are important in determining the degree of care.
Common Law Liability of Bailees
- Common law dictates that bailees are accountable for bailed items' damage or loss.
- The standard of care a bailee provides depends on the details of the agreement and local laws.
- The bailee has a lien on the bailed item until they receive payment for the services rendered.
The Contract of Bailment
- Bailment contracts outline services or responsibility for the bailed item.
- The rights of the parties and how they deal with loss and damage is defined by the contract.
- Parties might have differing standards of care depending on services and/or reward/value of item.
- Different agreements can imply different standards of care.
Technology and the Law 17.1 (Drones)
- Drone operations raise questions about the owner's rights to airspace above their property.
- The extent of airspace rights has not been adequately addressed and is subject to changing legal interpretation.
- Many aspects are still being considered in court cases and other legal venues.
Other Property Legal Considerations
- These additional items cover broader and more complex cases in property law and how to treat different types of property and potential conflicts.
- Specific legislation frequently addresses complex cases.
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Description
This quiz explores key concepts and regulations in property law, focusing on tangible assets, business rights, and the classification of property. It also delves into the implications of property rights for businesses like Cran-Terra and the recognition of Aboriginal title. Test your understanding of these critical legal principles.
