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Glossary of Real Property and Contract Law Terms, Quizzes of Business and Labour Law

Various terms related to real property and contract law, including licenses, liens, fixtures, real property, personal property, gift, donor, donee, inter vivos gift, symbolic delivery, gift causa mortis, escheat, severalty, tenancy in common, joint tenancy, tenancy by entirety, community property, bailment, bailor, bailee, factor, commission merchant, conversion, hotelkeeper, agency, agent, principal, independent contractor, special agent, general agent, universal agent, power of attorney, attorney in fact, apparent authority, vicarious liability, respondeat superior, soliciting agent, and contracting agent.

Typology: Quizzes

2009/2010

Uploaded on 05/01/2010

ac3588
ac3588 🇺🇸

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TERM 1
License
DEFINITION 1
Personal privilege to do some act or series of acts upon the
land of another, as the placing of a sign thereon, not
amounting to an easement or right of possession.
TERM 2
Lien
DEFINITION 2
Claim or right, against property, existing by virtue of the
entry of a judgment against its owner or by the entry of a
judgment and a levy thereunder on the property, or because
of the relationship of the claimant to the particular property,
such as an unpaid seller.
TERM 3
Tax Lien
DEFINITION 3
Lien on property by a government agaency for nonpayments
of taxes.
TERM 4
Judgment Lien
DEFINITION 4
Lien by creditor who has won a verdict against the
landowner in court.
TERM 5
Mechanic's Lien
DEFINITION 5
Protection afforded by statute to various kinds of laborers
and persons supplying materials, by giving them a lien on
the building and land that has been improved or added to by
them.
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License

Personal privilege to do some act or series of acts upon the land of another, as the placing of a sign thereon, not amounting to an easement or right of possession. TERM 2

Lien

DEFINITION 2 Claim or right, against property, existing by virtue of the entry of a judgment against its owner or by the entry of a judgment and a levy thereunder on the property, or because of the relationship of the claimant to the particular property, such as an unpaid seller. TERM 3

Tax Lien

DEFINITION 3 Lien on property by a government agaency for nonpayments of taxes. TERM 4

Judgment Lien

DEFINITION 4 Lien by creditor who has won a verdict against the landowner in court. TERM 5

Mechanic's Lien

DEFINITION 5 Protection afforded by statute to various kinds of laborers and persons supplying materials, by giving them a lien on the building and land that has been improved or added to by them.

Fixture

Personal property that has become so attached to or adatped to real estate that it has lost its character as personal property and is part of the real estate. TERM 7

Real Property

DEFINITION 7 Land and all rights in land. TERM 8

Personal Property

DEFINITION 8 Property that is movable or intangible, or rights in such things. TERM 9

Chose in Action

DEFINITION 9 Intangible personal property in the nature of claims against another, such as a claim for accounts receivable or wages. TERM 10

Gift

DEFINITION 10 Title to an owner's personal property voluntarily transferred by a party bit receiving anything in exchange.

Escheat

Transfer to the state of the title to a decedent's property when the owner of the property dies intestate and is not survived by anyone capable of taking the property as heir. TERM 17

Severalty

DEFINITION 17 Ownership of property by one person. TERM 18

Contenancy

DEFINITION 18 When two or more persons hold concurrent rights and interests in the same property. TERM 19

Tenancy in Common

DEFINITION 19 Relationship that exists when two or more persons own undivided interests in property. TERM 20

Joint Tenancy

DEFINITION 20 Estate held jointly by two or more with the right of survivorship as between them, unless modified by statute.

Tenancy by Entirety

Transfer of property to both husband and wife. TERM 22

Community Property

DEFINITION 22 Contenancy held by husband and wife in property acquired during their marriage under the law of some of the states, principally in the southwestern United States. TERM 23

Prima Facie

DEFINITION 23 Evidence that, if believed, is sufficient by itself to lead to a particular conclusion. TERM 24

Bailment

DEFINITION 24 Relationship that exists when personal property is delivered into the possession of another under an agreement, express or implied, that the identical property will be returned or will be delivered in accordance with the agreement. (Parties- bailor, bailee) TERM 25

Bailor

DEFINITION 25 Person who turns over the possession of a property.

Factor

Bailee to whom goods are consigned for sale. TERM 32

Selling on Consignment

DEFINITION 32 Entrusting a person with possession or property for the purpose of sale. TERM 33

Commission Merchant

DEFINITION 33 Bailee to whom goods are consigned for sale. TERM 34

Commission

DEFINITION 34 Consignee's compensation. TERM 35

Conversion

DEFINITION 35 Act of taking personal property by a person not entitled to it and keeping it from its true owner or prior possessor without consent.

Hotelkeeper

One regularly engaged in the business of offering living accomodations to all transient persons. TERM 37

Guest

DEFINITION 37 Transient who contracts for a room or site at a hotel. TERM 38

Agency

DEFINITION 38 Relationship that exists between a person identified as a principal and another by virtue of which the latter may make contracts with third persons on behalf of the principal. (Parties- principal, agent, third person) TERM 39

Agent

DEFINITION 39 Person or firm who is authorized by the principal or by operation of law to make contracts with third persons on behalf of the principal. TERM 40

Principal

DEFINITION 40 Person or firm who employs an agent; person who, with respect to a surety, is primarily liable to the third person or creditor; property held in trust.

Interest in the Subject Matter

Form of agency in which an agent is given an interest in the property with which that agent is dealing. TERM 47

Express Authorization

DEFINITION 47 Authorization of an agent to perform a certain act. TERM 48

Power of Attorney

DEFINITION 48 Written authorization to an agent by the principal. TERM 49

Attorney in Fact

DEFINITION 49 Agent authorized to act for another under a power of attorney. TERM 50

Customary Authority

DEFINITION 50 Authority of an agent to do any act that, according to the custom of the community, usually accompanies the transaction for which the agent is authorized to act.

Apparent Authority

Appearance of authority created by the principal's words or conduct. TERM 52

Disclosed

Principal

DEFINITION 52 Principal whose identity is made known by the agent as well as the fact that the agent is acting on the principal's behalf. TERM 53

Partially Disclosed

Principal

DEFINITION 53 Principal whose existence is made known but whose identity is not. TERM 54

Undisclosed

Principal

DEFINITION 54 Principal on whose behalf an agent acts without disclosing to the third person the fact of agency or the identity of the principal. TERM 55

Vicarious Liability

DEFINITION 55 Imposing liability for the fault of another.