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6 Cards in this Set
- Front
- Back
privity of contract
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each party has personal covenants under contract law
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privity of estate
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each party has rights and duties under property law
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what are real covenants?
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1. term of the lease
2. conditions on the use of the premises 3. obligation of tenant to pay rent 4. obligation of landlord to make repairs and provide services |
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what is the default rule for a tenant's right to assign or sublease?
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if the covenant is silent on tenant's right to transfer, tenant has an absolute right to transfer by assignment or sublease
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rules of construction (traditional rule)
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words that have a definite legal meaning should be presumed to have their technical meaning, unless the intent is clearly expressed
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rules of construction ( modern rule)
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conveyances should be construed to effect the intent of the parties
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