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 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?

• 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 landlord-tenant 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