Assignment

QUESTION 1:

In this question, you are playing the role of a Lawyer handling Landlord Tenant Cases.

Problem One:

Tom Brown is renting a one bedroom apartment with bath, kitchen and small living room. He is currently on the sixth month of a one-year lease. Tom's apartment is one of ten in a building that is about 20 years old and is in reasonable condition. It is owned by a landlord who does not employ an agent to deal with tenant issues. One day the water heater became inoperative and Tom was unable to have access to hot water. He reported the problem to the Landlord who said he "would take care of it". The problem has not been fixed and as a result, Tom moved out of the apartment. When the seventh month's rent was due, Tom did not pay it. Shortly thereafter a notice was taped to the door of Tom's apartment stating that if the rent is not paid in three days, eviction proceedings will be commenced. Tom would like to remain in the apartment to finish out his lease.

What would you advise Tom to do?
What would be his rights as a tenant and what remedies are available?
What should he do to avoid eviction?

Problem Two:

CSS Holdings owns a small apartment complex with twenty units. Most of the tenants are college students. As landlords, they are responsible for the common areas in the complex, although as part of their lease agreement, the tenants are asked to help maintain the safety and cleanliness of the common areas.

One of the tenants, Joe Party, a non-student, often holds late night parties which become loud as the evening progresses. Several times he has been asked to reduce the noise. In addition, empty cans and bottles have been thrown on the ground in the vicinity of his apartment after people have left the party. He has been made aware of this hazard and has been asked several times to clean up after the parties. He is in the second month of a one-year lease.

One morning, Sue Student was walking toward her car and passed in front of the door of the Joe's apartment where a party was held the previous evening. Visibility was poor and she slipped and fell, landing on a broken bottle and suffering some serious cuts. The broken bottle was about three feet from the front door of the apartment.

Sue has sued CSS Holdings and Joe Party for negligence and has asked for damages to cover the costs of her injuries, etc.

Joe Party claims that as the injury occurred outside the door of his apartment, he is not liable.

As regards to landlord duties and rights, what advice would you give CSS Holdings? What advice would you give regarding Joe Party? Can there be any liability on his part for the injuries suffered by Sue Student?

QUESTION 2:

Problem One:

A customer has checked an overcoat at a restaurant in the restaurant's checkroom. In the overcoat is a Rolex watch valued at $5,000. The customer does not advise the restaurant of the watch. When the customer retrieves the coat, the watch is missing. The restaurant limits its liability to the replacement on any lost articles.

Is the restaurant liable for the lost watch? Why or why not?

Problem Two:

A customer leaves an umbrella at a restaurant. What is the duty of the restaurant management with regards to the umbrella?

If you were walking through a park and found tablet computer on the ground, what are your duties in respect of dealing with the lost property? Under the estray statutes how would you get title to the lost property?

Driving down the street you see a piece of furniture placed alongside the curb. Can you take it? Why or why not? What must be determined first?

Learning Activity #2

QUESTION 1:

Problem One

Star Airways is an independent air carrier that has been operating for four years. Their fleet consists of 25 jet aircraft and each is called a "Flying Star". To describe their operations the airlines uses the slogan "The Route of the Flying Stars".

Star Airways has applied to the trademark office to trademark the slogan, "The Route of the Flying Stars". You are the examiner handling the application. Would you approve the application? What must be considered to determine whether the slogan can be trademarked?

Problem Two

You are writing a report and are looking for possible illustrations. After researching you find a suitable image in Google Images. Before you use the illustration, what must you consider to avoid copyright infringement? What doctrine might apply and under what provision can it be used?

Supposing you are writing a book that you want to sell through the various book outlets (Amazon, Barnes & Noble, etc). You find an image you want to use in Google Images. What should you do to avoid a claim of copyright infringement?