Part 4Business resources
450
1 Explain the difference between real property and
personal property. What kinds of personal property
are there?
2 John wants to buy a house. He tells you that he has
seen some advertised as ‘freehold’ and some as
‘leasehold’.
Write a note explaining these terms stating how he
would be affected as a buyer in each case.
3 Explain what is meant by an easement. How does an
easement differ from a profit? Give two examples of
each.
4 Anton is the owner of the Napoli restaurant. He
engaged Edgar, a builder who was made redundant
by Bodge Builders Ltd but has recently started up
his own business, to renovate the restaurant.
On Monday, the day before Anton re-opened the
restaurant to the public, he invited the mayor and his
wife, Mr and Mrs Snooks, to take a meal at the
restaurant.
During the meal a large piece of plaster fell from
the false ceiling which Edgar had installed. It fell
on the mayor’s table, injuring both him and Mrs
Snooks.
Several pieces of plaster hit and injured a local
press photographer, Archie, who had got into the
restaurant uninvited through a side door. Archie
was hiding behind a rubber plant in the hope
of getting some exclusive pictures of the new
restaurant.
Advise Mr and Mrs Snooks and Archie.5 If you had registered a patent and a design, for
how long would registration protect you, and what
remedies would you have if someone infringed
your rights?6 Jane’s father has died. He left her by his will the
copyright in a very successful novel which he wrote
five years before his death.
For how long will the publishers pay royalties to
Jane?7 Distinguish a trade mark from a service mark. How
are trade and service marks protected?8 Bob and Jane run a newsagents’ shop. They have
just acquired a computer to help them run the
business more efficiently. They anticipate that they
will use the computer for the following purposes:
stock control, calculating the wages of their
paper-boys and girls and customer records.
Will Bob and Jane need to register under the
DPA 1998?
If they are required to register, what will their
obligations be under the DPA 1998?Self-test questions/activities
1 Wharf Ltd occupies office premises in the High
Street. Next to the office premises is a parking space
for ten cars. The parking space is on land owned by
Canary Ltd, which has office premises adjacent to it.
For some 30 years the managing director and
finance director of Wharf Ltd and their predecessors
have used two parking spaces reserved for them.
Now Canary Ltd, whose staff have used the other
eight spaces, has increased its staff and proposes to
take over the two spaces used by Wharf staff.
As company secretary to Wharf Ltd you have
looked at the documents of title Wharf has to its
premises and discover that there is no specific
mention of the car parking right on Canary’s land.
Advise the board of Wharf Ltd as to the
company’s position in law and, in particular, whether
it is likely to be able to retain this right to park for the
future.2 Last week James, aged 21, was walking home from
a party. It would be fair to describe his condition as
drunk. When James was passing by the local park
he vaguely remembered that the Barchester Council
which owned the park ran an open-air swimmingSpecimen examination questions