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6 Cards in this Set

  • Front
  • Back
privity of contract
each party has personal covenants under contract law
privity of estate
each party has rights and duties under property law
what are real covenants?
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
what is the default rule for a tenant's right to assign or sublease?
if the covenant is silent on tenant's right to transfer, tenant has an absolute right to transfer by assignment or sublease
rules of construction (traditional rule)
words that have a definite legal meaning should be presumed to have their technical meaning, unless the intent is clearly expressed
rules of construction ( modern rule)
conveyances should be construed to effect the intent of the parties