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Published byKristina White Modified over 9 years ago
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CONSUMER LAW
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Previously… Elements of a Contract The Need for Contracts Breaching a Contract Negotiating an Agreement Writing a Contract
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Today’s Objectives Distinguish between the rights & responsibilities of landlords versus tenants. Distinguish between real and personal property. Identify the purpose of copyright and patent laws. Evaluate the functions of different types of insurance.
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Landlords & Tenants
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Landlord-Tenant Relationship If you rent real property, such as an apartment or a house, you are a tenant. If you own real property and rent it to someone else, you are a landlord. T ENANT L ANDLORD A lease is the contract between a tenant and a landlord. In a lease, the lessee is the tenant and the lessor is the landlord.
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The Lease Written agreement (contract) between lessor and lessee Creates landlord- tenant relationship
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Welcome to the courtroom, Honorable Judge (YOU) presiding! Landlord vs. Tenant
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The Court Room Count of in groups of 4’s
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Members of the Courtroom Judges Tenants Landlords Jury
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Landlord-Tenant Disputes Judges and Jury can decide: In favor of the Landlord In favor of the Tenant Can decide to make both parties responsible to take some action
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To avoid potential problems Know your rights and Responsibilities
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The Tenant Peaceful possession Continued occupancy Payment of Rent Abide by Terms of the Lease Avoid Waste R IGHTS R ESPONSIBILITIES
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The Landlord Receive payment of rent Possession of the property in good condition at the term’s end Refrain from Discrimination Maintain the Premises Peaceful Possession R IGHTS R ESPONSIBILITIES
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Other Terms in a Lease Security Deposit Assignment & Subletting Option to Renew
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Eviction Can happen if you do not pay your rent!
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Real vs. Personal Property
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Real Property The ground and everything permanently attached to it Includes buildings, fences, trees, soil, rocks, minerals, etc.
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Personal Property Everything other than real property that can be owned Includes moveable objects and intangible property Laws are different for real vs. personal property!
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Would you sign this lease?
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Intellectual Property
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An original work fixed in a tangible medium of expression Examples include: Inventions Works of art Software Logos
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Patents A grant giving an inventor the exclusive right to make, use, or sell an invention for a certain period of time (usually 20 years) Device must be useful and consist of a new principle or idea
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Copyrights A right granted to an author, composer, photographer, or artist to exclusively publish and sell an artistic or literary work Protected for the lifetime of the author plus 70 years Includes printed items, computer software, graphic arts, architectural designs, motion pictures, and sound recordings
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Trademarks A distinctive mark, symbol, or slogan used by a business to identify and distinguish its goods from products sold by others May consist of a word, name, symbol, or other device Exclusive right to use the particular word, name, or symbol for 10 years and may be renewed Indicated by the ® symbol
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Insurance is an agreement in which one party (insurer) compensates another party (insured) for any losses. Purpose – protect individuals and businesses against losses by spreading the risks of loss among a large number of people Types of Insurance
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Insurance Basics Insurance Policy – written contract between the buyer of insurance (insured / policy holder) and the insurance company (insurer) Premium – amount of money the policyholder pays for insurance coverage; usually a monthly fee Proceeds – payments by the insurer for losses covered in a policy Beneficiary – person named to receive the proceeds
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Property Insurance Covers damage or destruction of property Types of insurance include: Car Home Boat Personal items
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Automobile Insurance Drivers are legally required to carry liability insurance Liability insurance covers claims for damages or injuries made against a policyholder
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Homeowner’s / Renter’s Protects against loss of both real and personal property Includes fire, wind, vandalism, burglary, and injuries suffered by others while on the property Usually does not include flood damage
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Life Insurance Provides compensation for losses due to a person’s death Cost of insurance is based on risk
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Health Insurance Basic health insurance provides for inpatient & outpatient hospital care, physician care, surgery, and prescription drugs Most people receive group insurance from their employer
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Government Health Care Medicare is a federally funded health insurance program for people who are covered by Social Security. Medicaid is a health care plan for low- income people.
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Disability Insurance Pays benefits if the policyholder cannot work because of a disability Many employers provide basic disability insurance Short-term and long- term plans available
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Medical Directive A Medical Directive is a set of written instructions that specify what actions should be taken for a person’s health if they are no longer able to make decisions due to illness or incapacity.
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Rights & Responsibilities of Landlords and Tenants Real vs. Personal Property Purpose of Copyright and Patent Laws Types of Insurance Summary
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