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.

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

making

gift a

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

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