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Exam 22: Sale of Goods

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Question 21

Multiple Choice

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Tammy sold a house to Andy for $200,000. Andy breached the contract. The market was falling and Tammy was only able to sell the house, to another buyer, for $150 000. Tammy sued Andy. What will her remedy be?

A) Specific performance, land is unique
B) Damages in the amount of $150,000
C) Damages in the amount of $50,000
D) Specific performance and $50,000
E) Specific performance and $150,000

F) C) and E)
G) B) and C)

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Question 22

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Only an adjoining landowner may enforce a restrictive covenant on the use of a neighbour's land.

A) True
B) False

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Question 23

Multiple Choice

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The City of Calgary wants to construct a new rapid transit line on 17^th Avenue. It requires more land along the road so it enters into negotiations to purchase the land from the current owners. Some owners refuse to sell. What can it do to acquire the property?

A lease of 21 years where the tenant acts as an owner will create a claim of adverse possession for the tenant. For this reason, no single lease is permitted for a period greater than 20 years.

Describe how a condominium development is operated, how the rights and obligations of unit owners are defined, and how the condominium deals with the problem of a unit owner who fails to pay his or her share of the operating expenses of the condominium.

Gottlieb owned a cottage lot which had frontage on a lake. He later granted a 30-metre wide right of way to Baxter, who had a lot behind his, to enable Baxter to reach the lakeshore to launch his power boat. The next year, Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months. When Gottlieb discovered the boat house a few months later, he hired a bulldozer, and pushed the boathouse off the land, and into the lake. Gottlieb was entitled to take legal action against Baxter to have the boathouse removed.

Mary was left her grandfather's interest in lands by his will. Her grandfather was a joint tenant with a third person. Mary decides to mortgage her interest in that land to the bank. The bank will give her the money.

Gottlieb owned a cottage lot which had frontage on a lake. He later granted a 30-metre wide right of way to Baxter, who had a lot behind his, to enable Baxter to reach the lakeshore to launch his power boat. The next year, Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months. When Gottlieb discovered the boathouse a few months later, he hired a bulldozer, and pushed the boathouse off the land, and into the lake. The lot owned by Gottlieb is the dominant tenement.

Green owned a cottage lot which had frontage on a lake. He later granted a 5-metre wide right of way to Brown who owned a lot behind Green's property, to enable Brown to reach the lake to launch his power boat. The following year, Brown built a boathouse on the 5-metre wide strip in which to store his boat in the winter months. When Green discovered the boathouse a few months later, he wrote to Brown and requested that it be removed. When Brown refused, Green hired a bulldozer and pushed the boathouse off the land and into the lake. Which of the following statements are not true?

Two distinct systems of registration of land interests exist in Canada, the Registry System and the Land Titles System.

The __________ rests in the selected person on death of a life tenant.

To exit to the street, a third-floor condominium owner is most likely to have

The condominium corporation is responsible on its own for all of the following, except

An injunction is the most appropriate remedy in the breach of a restrictive covenant.

Describe the types of, and rights attached to, estates in land, including in your answer a treatment of easements and restrictive covenants.

Discuss the rights and duties associated with being the owner of land adjacent to a watercourse.

Only the Registry System requires a search of title back 40 years to determine the true owner of a property.

Which statements accurately reflect characteristics of the Registry System

The feudal notion of "escheat to the Crown" has no modern day counterpart.

How is real property described on the electronic registration system?