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Issue/Claim Preclusion?
Suit 1: L leases an apartment to T for 2yrs pursuant to an oral lease. Rent is to be paid monthly. When T does not pay rent in January L sues. T claims that he did not pay rent b/c a)roof leaks, b) oral lease is invalid under statute of frauds. L prevails Suit 2: In May, T fails to pay rent & L sues. T has same 2 defenses |
There is no claim preclusion for installment contracts. No issue preclusion for roof leaking, b/c even though not leaking in Jan., it may be leaking in May. However, issue preclusion does apply to the statute of frauds issue, b/c challenging whether the lease is valid in both instances.
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