Consumer/Property Law Study Guide

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Consumer/Property Law Study Guide
Law in Society
• Companies that run
telemarketing scams
often charge for their
service through
• 900 numbers
• Abandoned
Property –
• Property that has been
discarded by the owner
without the intent to
reclaim ownership
• Bait and Switch –
• Advertising a
nonexistent bargain to
lure customers and
then selling the
customers more
expensive merchandise.
• Constructive
Eviction –
• Occurs when a landlord
who deprives a tenant
of electricity.
• Copyright –
• Consumer Product
Safety Act• This act protects you from
unreasonable risk of injury
while using consumer
products that are sold in
interstate commerce.
• A right granted to an author,
composer, photographer, or
artist to exclusively publish
and sell an artistic or
literary work.
• Equal Credit
Opportunity Act –
• Donor –
• The person making a
gift
prevents credit issuers
from discriminating
against applicants
because of gender,
marital status, age,
religion, race, national
origin, or because they
get public assistance
income.
• Fair Credit Billing
Act –
• Establishes a procedure
for the prompt handling
of billing disputes
• Fair Credit
Collection Practices
Act – This act makes it
illegal for debt
collectors to threaten
consumers.
• Fair Debt Collection
Practices Act –
• Fair Credit
Reporting Act –
• Makes it illegal for debt
collectors to threaten
consumers with
• Helps you know the
violence, to use
source of a credit report
obscene language, or to
and to correct any
contact consumers at
wrong information in it.
inconvenient times or
places to collect debts
• Federal Trade
Commission Act –
• Protects a business
from the wrongful acts
of unfairly competing
companies
• Fixture –
• This becomes part of
the real property and
may not be removed
when it has been
installed in such a way
that removal would
deface a room or
building.
• How many days do you
have to cancel a
contract made with a
door to door salesman?
•
days
cooling
•
off rule
• Intangible Personal
Property – has no
substance and cannot
be touched.
• Intellectual
property examples:
• Patents
• Copyrights
• Trademarks
• Landlord – owns real
property and rents it to
someone.
• Landlord duties –
• Refrain from
discrimination,
• Maintain the premises
• Deliver peaceful
possession
• Lease –
• The agreement that
creates the landlordtenant relationship
• Lessee – A tenant
under a lease of real
property.
• Lessor – A landlord
who leases real
property to a tenant.
• Misbranded –
• Personal Property –
• A food or drug with
false or misleading
labeling or packaging.
• Anything that can be
owned other than real
estate.
• Robinson-Patman
Act –
• Product Liability
• The principle where
manufacturers and
sellers are accountable
for injuries caused by
unsafe or defective
products
• Sellers must treat all
buyers equally.
• Tenancy –
• Sublease –
• Those items of personal
property brought on the
land by the tenant that
are necessary to carry on
the trade or business to
which the land will be
devoted.
• An eviction that occurs
when the landlord
breaches his or her duties
under the lease.
• Tenancy at will –
• An interest in real
• Tenant Duties:
property that continues • Abide by the Terms of
for an indefinite period
the Lease
of time.
• Avoid Waste
• Return Fixtures
• Trademark –
• Waste –
• A distinctive mark,
symbol, or slogan used
by a business to identify
them from products
sold by others.
• Is anything beyond
reasonable wear and
tear to rental property.
The Landlord
• Who is responsible for the injuries caused by a
defect in a common area?
• Example:
• Torn carpet
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