Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
7 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Who is liable to L?
Introduction sentence!!! |
It tenant or subtenant may be liable to a landlord under either privity of contract/ privity of estate.
|
|
|
|
Landlord leases grain acre to time , in writing, for three years. One year into the lease, Tom "assigns, subleases and transfers" all of her interest two Teresa. The agreement between time and Teresa provides that Teresa "assumes all the obligations" in the least between landlord and time. Thereafter, the Teresa "assigned, subleases and transfers" all this interest Ted in an instrument which provides that Ted "assumes all the obligations and the lease" and between landlord and time and that if Ted violates the agreement, Teresa has a right to terminate entry into the property. Thereafter Ted fails to pay rent to landlord. Who is liable two landlord, and on what grounds, under the traditional, Common law?
Ignore what? |
Ignore 1. names
2. The three years on the first lease 3. the one year on sublease 3. In writing 4. subleases and transfers |
Focus on the question.
Follow the money. |
|
|
Landlord leases grain acre to time , in writing, for three years. One year into the lease, Tom "assigns, subleases and transfers" all of her interest two Teresa. The agreement between time and Teresa provides that Teresa "assumes all the obligations" in the least between landlord and time. Thereafter, the Teresa "assigned, subleases and transfers" all this interest Ted in an instrument which provides that Ted "assumes all the obligations and the lease" and between landlord and time and that if Ted violates the agreement, Teresa has a right to terminate entry into the property. Thereafter Ted fails to pay rent to landlord. Who is liable two landlord, and on what grounds, under the traditional, Common law?
First sentence? |
A tenant or subtenant may be liable to a landlord under either privity of contract or privity of Estate.
|
Statement of rule
L relationship to tenant and privity. |
|
|
Landlord leases grain acre to time , in writing, for three years. One year into the lease, Tom "assigns, subleases and transfers" all of her interest two Teresa. The agreement between time and Teresa provides that Teresa "assumes all the obligations" in the least between landlord and time. Thereafter, the Teresa "assigned, subleases and transfers" all this interest Ted in an instrument which provides that Ted "assumes all the obligations and the lease" and between landlord and time and that if Ted violates the agreement, Teresa has a right to terminate entry into the property. Thereafter Ted fails to pay rent to landlord. Who is liable two landlord, and on what grounds, under the traditional, Common law?
1st paragraph rule? |
The landlord is in privity of contract with the tenant or subtenant if the two are parties to an agreement on a third party beneficiary principles if the substandard expressly assumes liability of one or more of the provisions of the lease between the landlord and tenant.
|
if the two
when Privity of k Three people linked w/ exception. |
|
|
The landlord is in privity of contract with the tenant or subtenant if the two are parties to an agreement on a third party beneficiary principles if the substandard expressly assumes liability of one or more of the provisions of the lease between the landlord and tenant. First phrase of the facts..
|
Here landlord is party to the the same lease agreement as Tom (headTenant)
|
bind landlord and ,
|
|
|
Second phrase of facts for rule below:
General rule is :The landlord is in privity of contract with the tenant or subtenant if the two are parties to an agreement on a third party beneficiary principles if the substandard expressly assumes liability of one or more of the provisions of the lease between the landlord and tenant. |
they are therefore in privity of contract.
Issue is who is in privity of contract!!! |
Mini conclusion for relationship between headtenant and Landlord.
|
|
|
new application of facts:
General rule is :The landlord is in privity of contract with the tenant or subtenant if the two are parties to an agreement on a third party beneficiary principles if the substandard expressly assumes liability of one or more of the provisions of the lease between the landlord and tenant. |
Both Tom and Teresa expressly assumed all the obligations and released between landlord and Tom
|
Next sub tenant and landlord.
|
