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TheKnowledge Discrimination and Data Protection


discrimination occurs: A. When a group with a protected characteristic is disadvantaged by mistake


1.


B. When general conditions are applied but people with a particular protected characteristic are disadvantaged compared to others


C. If someone with a protected characteristic is treated less favourably than someone without the protected characteristic


D. Where employers will only employ people without any protected characteristic


would NOT constitute discrimination? A. New fl ats available to let soon. Applicants must be 55 years or older


2.


B. Property available for two sharing, would be ideal for two professional men


C. Trainee negotiator required. Suitable for young lady aged 20-25 years


D. We are looking for an Asian manager to run a successful agency located in a predominantly Asian area, ideally aged 35-40 years


3.


One of your colleagues in your agency is


complaining that a client of the agency is guilty of discrimination against them. Where would the colleague go to take action against the client? A. Their employer B. An employment tribunal


C. The county court D. The magistrates’ court


4.


Please note – these answers are for the June 2012 General Legal and Land Law Quiz because the results for the July Quiz were published beneath the questions. Our apologies for any inconvenience. Answers for the August quiz will be published in our September issue.


1. The law can be divided in diff erent ways such as between criminal law and civil law or private law and public law. Public law is all that law relating to government, whether that is local government or central government and covers the relationships between local authorities and central government departments and between those authorities/departments and the public at large, so answer B is correct.


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2. The law is infl uenced and is derived from many sources. Much of our more recent consumer protection legislation comes from directives derived from the European Parliament, which then has to be passed into UK law by legislation enacted through the House of Commons. So the source of such law is the European Union and answer D is correct.


3. The common law and equity go hand in hand. Specifi c performance and injunction are both equitable remedies available at the discretion of the court, whereas under common law only damages are available, but these are available as of right to anyone who wins their case, so the correct answer is answer A, damages.


In order to comply with disability discrimination


law, a residential letting agency with three steps up from the


Which of the following property related adverts


In terms of discrimination legislation, indirect


‘A colleague complains about a client.’


street into the entrance door of the agency: A. Must remove the steps and provide a ramp with a gentle slope


B. Can provide a removable ramp that could be used on request by a disabled person


C. Need not do anything as the property was built that way


D. Can request disabled people travel to another branch of the agency 10 miles away where there is easier access


5.


Which of the following actions would be a breach


of the Data Protection Act 1998? A. Gathering information on employment, fi nances and tenancy history about an applicant for a property you are letting


B. Gathering information from a prospective tenant to allow you to obtain references


C. Passing on information gathered from a tenant to a local trader with whom you have a business relationship


D. Holding contact details for fi ve years of a tenant of one of the properties you manage.


ANSWERS FROM THE JUNE ISSUE GENERAL LEGAL AND LAND LAW QUESTIONS Correct Answers 1 B, 2 D, 3 A, 4 C, 5 C


4. Restrictive covenants are equitable interests where one party with the benefi t of the restrictive covenant is able to stop another party from doing something on or with their land or property. One of the main features of restrictive covenants is that they are passed on with the sale of land or property, so answer C is correct. Dominant tenements and using land or property without interruption are features of easements, so answers B and D cannot be correct.


5. These are all examples of legal rights as easements except for the rights of view, so answer C is correct. To be an easement the right claimed must be capable of forming the subject matter of a grant, ie it must be capable of easily being written down and


understood. There is no right to a view because of the diffi culty in describing exactly what the view consists of. In a similar way there is no right to peace and quiet as an easement, although excessive noise can be a nuisance (a civil wrong or tort).


These questions are provided as examples by MOL the specialist distance and blended learning division at The Manchester College. MOL provide learning materials for the NFoPP technical awards and provide VLE support for learners wanting additional support.


T: 0161 203 2103 W: www.MOLtraining.co.uk


TheNegotiator ● August 2012 ● 41


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