RES QNS

Kevin still has five months remaining on a one-year apartment lease.

When Kevin moves to another country, he transfers possession of the

apartment to Louis for the remaining term of the lease. Louis pays

rent directly to Kevin. In this situation Kevin is

• assigning his lease

• sub-letting

• doing a novation for his lease

• early transfer

Negligent misrepresentation arises

• when the agent purposely omits material facts

• when the agent knowingly says the wrong things to influence a

  purchaser

• when the agent did not exercise care in ascertaining the accuracy of

  information he provides to the purchaser

• when the agent had an intention to cheat the purchaser

Adrian (Mr A), a real estate salesperson, is having coffee with his

client Betty (Ms B). A friend of Betty’s, Carol (Ms C) dropped by

and asked Mr A about the property market. Mr A expressed a

gloomy outlook for the market. On hearing that, Ms C proceeded

to sell her property herself. However, she soon realized that her

house could fetch a higher price. Ms C was furious and wanted to

sue Mr A under tort of negligence

• No, Mr A was merely giving his personal opinion on the property

  market

• Yes, under Tort Ms C need not have a contractual relationship with

  the defendant Mr A; she needed only to prove that Mr A ought to

  have exercised care when giving his view on the market, knowing

  that Ms C would rely on what he said

• Yes, the Tort of Negligence basically protect innocent house

  owners against all forms of economic losses resulting from

  professional negligence, e.g. when real estate salespersons advised

  house owners

• No, there were no contractual obligations between the two parties

The following remedy can be sought for in a breach of contract:

• Injunction

• Specific performance

• Damages

• All are the above

Which statement(s) is/are true about a fraudulent

misrepresentation?

(i) where a false representation has been made knowingly, or without

belief in its truth, or recklessly as to its truth

(ii) For fraudulent and negligent misrepresentation, the claimant may

claim rescission and cannot claim damages

(iii)For fraudulent and negligent misrepresentation, the claimant may

claim rescission and damages

• (i) and (iii)

• (i) and (ii)

• (i) only

• (ii) only

___________________ is an injury caused by an omission, rather

than an affirmative act, on the part of the tenant. This type of waste

might occur, for example, if a tenant permits a house to fall into

disrepair by not making reasonable maintenance repairs.

• Equitable waste

• Permissive waste

• Voluntary waste

• Ameliorating waste

________________ refers to a situation where a tenant makes

repairs and improvements on property that increase the value of

the property, but, did not ask permission of the landowner or any

future interest holders to make these improvements.

• Permissive waste

• Voluntary waste

• Ameliorating waste

• Equitable waste

Paul is looking to buy a house. He asked his agent Andy whether

the 3,400 sqft floor area quoted by Andy included the patio. Andy

said that the patio can easily add another 300 sqft to the floor area.

Paul subsequently bought the property but found that the area of

3,400 sqft includes the patio area. Andy has made a

• Negligent misrepresentation

• Fraudulent misrepresentation

• No misrepresentation

• Innocent misrepresentation

The Right of __________ is the right of the tenant to stop other people,

including the landlord, from entering without permission

• Quiet Enjoyment

• Exclusive Stay

• Disposal

• Exclusive Possession

A __________________ is an agreement between a landlord and a tenant

without a written agreement. This type of tenancy does not specify its

duration or the exchange of payment and can be terminated at any time

• Diplomatic tenancy

• Flexible tenancy

• Fixed tenancy

• tenancy-at-will