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TheBusiness TheKnowledge General Legal Concept and Basic Land Law 1.


The law can be divided in a number of ways.


Public law is: A. All law accessible to or aff ecting members of the public


B. All law governing the relationship between local authorities and government departments and between them and us as individuals


C. All law in which local authorities or government departments are the prosecuting authority


D. All law accessible to or aff ecting companies and businesses that are public limited companies (plcs).


The law is derived from a variety of sources. Much of the consumer protection legislation comes from: A. Custom or common law B. Judicial precedent C. Proposals from the Law Commission D. The European Union.


2.


A. Damages B. Specifi c performance C. Specifi c performance and injunction D. Injunction.


3. 4.


When freehold land or property is sold or leasehold land or property is assigned any restrictive


1. The legislation is not specifi c about when breaks have to be given, so does not specify a time period. The legislation simply says periodic breaks need to be given so answer D is correct.


2. Health and safety legislation is not very specifi c about what is expected of employers or employees but just gives general guidelines. For employees it does not require each employee to have training in fi rst aid, fi re fi ghting or dealing with violent people, although many employers will happily provide training in these areas for any employee interested. The legislation simply requires employees to take care of themselves and others, so answer A is correct.


3. It is very tempting to shout back at people who are shouting at you, or to


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The remedy or remedies under common law are:


UK law derives from a variety of sources. 5.


covenant attached to the land or property will A. Lapse as soon as the sale or assignment is completed


B. Be transferred unless the covenant has not been used


square up to someone who is being aggressive towards you but these actions are likely to make matters worse. Similarly asking someone to leave the offi ce immediately and threatening to call the police is likely to infl ame the situation, although calling the police may be used as a last resort. The best course of action is to keep calm and take control by asking questions to fi nd out the problem so answer A is correct.


4. Any of these courses of action could be followed, but being late for the market appraisal or rescheduling it would not look very good with the new client. Similarly sending someone they were not expecting does not give the best impression. The best course of action would be to not go back to the offi ce and proceed straight to the market appraisal as long as you have


without interruption


C. Be transferred at the point of sale or assignment


D. Lapse if the dominant tenement is the subject of the sale or assignment


informed your offi ce of the change of plan and they know you are safe, so answer C is correct.


5. You can only release keys if you have authority to do so and where a property is managed you cannot just enter the property without authority being given by the landlord and the tenant. Usually arrangements are made in advance for a gas safety inspection to be done, so if a gas engineer arrives unannounced, you would rightly be suspicious. Although you would normally take details of the engineers identity before signing keys out where this was expected, you would not do so if the engineer arrives unannounced. It is also a waste of staff time if they have to go and stay until the inspection is fi nished or go and return twice and you would want to ensure the landlord is aware of the


A. Rights of way B. Rights of light C. Rights of view D. Rights of water


ANSWERS FROM THE LAST QUIZ (MAY ISSUE) HEALTH AND SAFETY Correct Answers 1 D, 2 A, 3 A, 4 C, 5 D


inspection and has sanctioned it and that the tenant is agreeable. Answer D is correct as this gives you time to make the arrangements with the landlord and the tenant and check that the gas engineer is genuine.


Answers published next month.


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 ● June 2012 ● 35


Which of the following are NOT easements?


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