You hang your hat and coat on a rack in the unattended waiting room located in t

Question

You hang your hat and coat on a rack in the unattended waiting room located in the lobby of Medical Plaza. You are called in for your appointment with Dr. Nocando and when you return to the lobby your hat and coat are missing. What liability, if any, do the Medical Plaza and Dr. Nocando have for your missing hat and coat?

Both the Medical Plaza and Dr. Nocando are equally liable.

Medical Plaza is liable since the hat and coat rack was in its waiting room.

Dr. Nocando is personally liable since your appointment was with him.

None, since they had no control over the hat and coat rack. 1.93 points

QUESTION 39 Ben leased space for his business as a tenancy for years from AAA Real Estate Co. Five years later, when the agreement reaches the end of the tenancy in July, Ben asserts a right to renew while AAA states that the lease agreement ended without notice. Who is correct, Ben or AAA?

Ben, since there is an implied renewal right.

AAA, since no statute requires a party to give notice when ending a lease.

Ben, since the tenancy for years must at least continue until the end of the calendar year.

AAA, since the tenancy for years automatically terminates on the expiration of the stated term.

QUESTION 40 A Joint Tenancy requires the following elements known as "unities:" (select the most correct answer)

time, title, interest, and possession

title, interest and possession.

certainties, factors and components.

factors and components.

QUESTION 41 Your grandmother bought you stock in McDonald's Corporation as a gift subject to the provisions of the Uniform Transfer to Minors Act (UTMA). When you graduate from high school at age 16 and move away from home you want to terminate the custodianship and sell the stock. At what age does a custodianship under the UTMA terminate?

25

18

21

The age is decided on case to case basis.

QUESTION 42 You have seen an old motorcycle parked in the alley behind your apartment for the last four months. It has no license plates on it and the tires are flat. You conclude that the motorcycle has been abandoned so you take possession of the motorcycle, get it running, and decide to use it in an off road race. At the race, Troy claims that the motorcycle is his. What must you prove to obtain title to the motorcycle?

Troy deserted the motorcycle.

Troy did not intend to return for the motorcycle.

You spent a lot of money to fix up the motorcycle.

Troy deserted the motorcycle and did not intend to return for it.

QUESTION 43 You are married and you and your spouse live in a State which has adopted the Uniform Simultaneous Death Act. Your spouse has a life insurance policy on their life and has named you as the beneficiary and also has a Last Will and Testament which leaves all of their property to the American Heart Association. Your Last Will and Testament leaves all of your property to the American Cancer Society. You and your spouse are killed simultaneously in a plane crash. Based on these facts, who gets the life insurance proceeds from the policy on the life of your spouse?

the American Heart Association.

the American Cancer Society.

your heirs as determined by the laws of your State.

your spouse's heirs as determined by the laws of your State.

QUESTION 44 Sonja had her attorney draft her Last Will and Testament 5 years ago. She left her entire estate to her Church. Shortly before her death, she gets mad at her preacher and scratches out the name of the Church on her Will and writes in the American Cancer Society right above the name of the church and initials the change. Who gets her estate?

her Church.

the American Cancer Society.

her heirs as determined by the laws of her State.

50% goes to her Church and 50% goes to the American Cancer Society.

Explanation / Answer

answer to question 38:- None, since first of all the items were left in the unattended waiting room. Second, there is no any liability clause which either Doctor or the medical plaza has done with respect to the items paients carry with them.

KINDLY NOTE:- It is requested to students to kindly post mutually exclusive questions separately to get the individual answers. This will help students to understand each mutually exclusive answers in better manner.

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