Property Law

Section 1: Renting Property

"Ignorance of the law is no excuse in any country. If it were, the laws would lose their effect, because it can always be pretended." - Thomas Jefferson

Almost everyone is involved from time to time in a rental situation, whether it involves a place to live or simply an overnight movie rental. In this section, you'll examine some of the legal aspects of renting that you should be aware of. When you've finished this section, you should be able to describe the laws governing bailments, identify the principles of contract law in relation to renting, and explain the legal; aspects of renting a place to live.

 

 

Lesson 1: Bailments


Throughout your life, there will be many situations when you'll find yourself leaving your property in someone else's hands temporarily. Whether it's a sweater that you're leaving at the cleaners or all your worldly property you're entrusting to a moving company, there will be occasions when someone else will temporarily have possession of things you own. Conversely, there will be many situations when you have possession of things someone else owns-for instance, whenever you borrow or rent something.
The law governing situations like these is called the law of bailments.

Bailments take place only with what lawyers call personal property (chattels) , so it's important to understand how property is classified legally. This is really quite simple; basically, the law recognizes two distinct types of property or possessions:

  1. Real property â€” Real property consists of land (think of real estate) and things attached to the land like buildings, wells, and other structures.

  2. Personal property â€” Personal property (chattels) includes everything else: vehicles, jewelery, clothes-anything you can own that's movable.


Check your knowledge by completing Something to Think About 1 on the next page.

PLEASE NOTE:

All of the Self-Assessments (Check Your Knowledge) in the course are for review purposes ONLY; they are NOT for grades.

The Introductory Quiz, Final Project and Final Quiz ARE graded assessments!