The law of property – Questions and Answers

Subject Title: Introduction to Law and Governance Revision Kit

TOPIC: The law of property

QUESTION 1
April 2023 Question One A
Identify FOUR grounds for refusal of registration of a trademark. (4 marks)

QUESTION 2
December 2022 Question Six A(i)
In relation to intellectual property, identify TWO types of works that are eligible for copyright protection. (2 marks)

QUESTION 3
December 2022 Question Six B and C
(b) With reference to the law of property, describe THREE forms of interest in land.
(6 marks)
(c) Describe FOUR characteristics of tenancies. (8 marks)

QUESTION 4
August 2022 Question Four C
Discuss five defenses of a trademark infringement. (5 marks)

QUESTION 5
August 2022 Question Six B
In relation to the law of property:
(i) Describe sectional properties. (2 marks)
(ii) Outline the four roles of lawyers in land transactions. (4 marks)

QUESTION 6
August 2022 Question Seven B
In relation to the law of contract:
(i) State three rules governing exclusion clauses. (6 marks)
(ii) Explain the “contra proferentem” rule. (3 marks)

QUESTION 7
April 2022 Question Three C
In relation to the law of property, explain the meaning of the following terms:
(i) Fee simple. (2 marks)
(ii) Fee tail. (2 marks)

QUESTION 8
December 2021 Pilot Paper Question Three B
Explain five functions of the management company in Sectional Properties Act.(5 marks)

QUESTION 9
December 2021 Pilot Paper Question Six A
With reference to the Constitution, list five ways of identifying public land. (5 marks)

QUESTION 10
December 2021 Pilot Paper Question Six B
Yusit invented an automatic machine which dispenses drugs automatically when you insert a prescription into the machine. Aumatech modified the machine and passed it to the market as Aumatech. Yusit has lost significant revenue as a result.

Required:
Advise Yusit on the cause of action against Aumatech. (5 marks)

QUESTION 11
August 2021 Question Four B
Highlight four circumstances under which termination of a lease by surrender might arise by implication. (4 marks)

QUESTION 12
May 2021 Question Six A
In the context of intellectual property (IP) law:
(i) Define the term “infringing copy”. (2 marks)
(ii) Identify four works that are eligible for copyright. (4 marks)

QUESTION 13
November 2020 Question Five A
(i) Identify six duties of a lessor under a lease agreement. (6 marks)
(ii) ‘State four defences to copyright infringement. (4 marks)

QUESTION 14
November 2019 Question Seven A
With reference to the law of property:
(i) Outline three conditions for the remedy of statutory power of sale. (3 marks)
(ii) List three ways in which co-ownership might be terminated. (3 marks)
(iii) Explain the two types of chattels personal. (4 marks)

QUESTION 15
May 2019 Question Four A
(i) Highlight six types of inventions which might not be patented. (6 marks)
(ii) List four property rights that might be created by a contract over a piece of land.
(4 marks)
QUESTION 16
November 2018 Question Two C
Outline six common servitudes under the law of property. (6 marks)

QUESTION 17
May 2018 Question Five A
(i) In relation to the law of property, distinguish between ‘‘joint tenancy” and “tenancy in common”. (4 marks)
(ii) Enumerate six lawful ways through which a person might acquire property other than by purchase. (6 marks)

QUESTION 18
November 2017 Question Four A
With reference to the law of intellectual property, discuss four advantages of registering an industrial design. (8 marks)

QUESTION 19
May 2017 Question One B
Describe five grounds upon which a patent registration might be revoked. (10 marks)

QUESTION 20
November 2016 Question Four 4
In relation to the law of property:
(i) Highlight four elements of a patentable invention. (4 marks)
(ii) Explain three types of property in land. (6 marks)

QUESTION 21
May 2016 Question Seven A
With reference to the law of property, explain two characteristics of a plant breeder’s patent. (4 marks)

QUESTION 22
November 2015 Question Four B
Summarise six ways in which a lease agreement might be terminated. (12 marks)

QUESTION 23
November 2015 Question Seven C
Explain four ways through which an occupier could guard against liability for independent contractors. (8 marks)

QUESTION 24
Pilot paper 2015 Question Three A and B
(a) List four grounds that might lead to rejection of an application to register a trademark. (4 marks)
(b) Where a mortgagor defaults in repayment of the mortgage, the mortgagee has a right to appoint a receiver to realise the assets of the mortgagor.
Highlight the order of priority of payments by the receiver (8 marks)

QUESTION 25
Pilot paper 2015 Question Seven B
Highlight three differences between possession and ownership of land. (6 marks)