Consumer/Property Law Study Guide


Consumer/Property Law

Study Guide

Law in Society

• Companies that run telemarketing scams often charge for their service through

900 numbers


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.


Eviction –

• Occurs when a landlord who deprives a tenant of electricity.

• Consumer Product

Safety Act-

• This act protects you from unreasonable risk of injury while using consumer products that are sold in interstate commerce.

Copyright –

• A right granted to an author, composer, photographer, or artist to exclusively publish and sell an artistic or literary work.

• Donor –

• The person


a gift

• Equal Credit

Opportunity Act – 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 Credit

Reporting Act –

• Helps you know the source of a credit report and to correct any wrong information in it.

• Fair Debt Collection

Practices Act –

• Makes it illegal for debt collectors to threaten consumers with violence, to use obscene language, or to contact consumers at 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?

• Intangible Personal

Property – has no substance and cannot be touched.

• cooling days off rule

• 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 –

• A food or drug with false or misleading labeling or packaging.

• Personal Property –

• Anything that can be owned other than real estate.

• Product Liability

• The principle where manufacturers and sellers are accountable for injuries caused by unsafe or defective products

• Robinson-Patman

Act –

• Sellers must treat all buyers equally.

• 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.

• Tenancy –

• An eviction that occurs when the landlord breaches his or her duties under the lease.

• Tenancy at will –

• An interest in real property that continues for an indefinite period of time.

• Tenant Duties:

• Abide by the Terms of the Lease

• Avoid Waste

• Return Fixtures

• Trademark –

• A distinctive mark, symbol, or slogan used by a business to identify them from products sold by others.

• Waste –

• 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