Prop

Front 1

What did Jaques v. Steenberg show?
Chapter (1)

Back 1

This case showed that an award of nominal damages could support an award of punitive damages when the wrongful act is an intentional trespass to land. This is because when trespass upon a legal right occurs, actual harm is done

Front 2

Does actual harm occur at every trespass and if so, what damages could you get?

Back 2

Yes, actual harm does occur every time a legal right is trespassed upon. You might get nominal, punitive (if malice), compensatory, or injunctive relief.

Front 3

To get damages for trespass to chattels, what must occur?

Back 3

Generally, there must be actual harm to get damages.

Front 4

What are the characteristics of a License? (things that might indicate a license)
Chapter (3)

Back 4

M N N T P
Merely a right to use
Non Exclusive use
No defined area
Terminable at will of licensor
Personal and non assignable.
ex: Hot dog vendor outside a ball park.

Front 5

What are the characteristics of a Lease? (things that might indicate a lease)

Back 5

P I T C R A D
Possessory interest in property
Intent to create a lease
Terms of rent
Conveyance of all rights associated with the land.
Right to dictate how land will be used.
Assignable unless K'd out
Defined area; it's exclusive

Front 6

What is the definition of a Lease?

Back 6

A lease is a conveyance of an estate in land and a contract containing promises.

Front 7

What is the definition of a License?

Back 7

A license gives permission to do one or more acts on the land of another.

Front 8

Can you get damages if a license is revoked?

Back 8

You may get them if you can prove reliance.

Front 9

What are the tenant's remedies for breach of the "warranties"?
(remedies for breach of an express or implied duty)

Back 9

1. Abate Rent (rent diminution)
2. Repair and Deduct from rent.
3. Terminate lease and sue for damages.
4. Repair, then sue for damages.
5. Pay full rent, then sue for damages after lease ends.

Front 10

What are the implied "warranties"?

Back 10

There is an implied warranty of habitability for residential living. (i.e. people should be able to safely and healthily live in their homes.)-Most courts agree

There is an implied warranty of suitability for commercial renting. (i.e. there should not be rats in a doctor's office)-Not all courts agree.

Front 11

Does a LL have a duty to make sure these warranties are not breached?

Back 11

Yes.

Front 12

What is the covenant to repair?

Back 12

There is an implied covenant that the LL repair things. (Whoever can do it the easiest and most cost effective way should do the repair though.)

Front 13

What if a light bulb and a toilet need replacing?

Back 13

If it's a lightbulb, it's easiest for the tenant to fix it. If it's toilet, the LL should fix it because it will be easier for him.

Front 14

What are the LL's duties at the outset of a lease?

Back 14

1. LL must give you the legal right to the property.
2. LL must give actual possession of the property.-Most jurisdictions
3. LL may not interfere with tenant's possession.
4. LL must also protect the tenant against those with paramount title to the property. (i.e. paying the mortgage so the bank won't foreclose.)

Front 15

What is the old general rule about a LL's implied covenants?

Back 15

The general rule was that the LL of residential or other premises made no implied covenants concerning the quality of the premises rented.

Front 16

Today, what is the general rule about implied covenants?

Back 16

There is a warranty of habitability in residential leases.

Front 17

Traditionally, what was the tenant's sole remedy for damages caused by a LL's breach of his covenants?

Back 17

Sue for damages caused by the breach. You could not reduce or withhold rent.

Front 18

What is the doctrine of constructive eviction?

Back 18

Acts or omissions of a LL may have the effect of evicting the tenant even though the LL does not physically prevent the tenant from occupying the premises.
NOTE: For this to happen the tenant must actually vacate the premises.

Front 19

How do you measure damages when the LL's performance falls below a tenant's reasonable expectations?

Back 19

The damages will be the difference between the value of what was impliedly promised and the value of what was delivered.

Front 20

Can you get damages for mental or emotional distress caused by a LL's breach of duty?

Back 20

It is very rare.

Front 21

Is the LL entitled to a reasonable time to repair before a breach of the warranty takes place?

Back 21

Some courts say yes and some say no.

Front 22

What is quiet enjoyment?

Back 22

It is enjoyment of the whole.

Front 23

Who has the duty to repair?

Back 23

Look at expected life of repair vs. length of lease.
Also, look at the benefit. Will it benefit the present tenants only, or future ones?

Front 24

LL Breach: If it is Quiet enjoyment, what is the remedy?

Back 24

Sue for damages.

Front 25

LL Breach: If it is constructive eviction, what are the remedies?

Back 25

You can terminate lease, withhold rent, sue for damages.
YOU MUST VACATE THOUGH!

Front 26

LL Breach: If it is partial eviction, what are the remedies?

Back 26

Traditional: Withhold rent, continue to occupy.
Restatement: Only can withhold rent for the part you were deprived.

Front 27

LL Breach: If the breach is complete and actual eviction, what is the remed(y)(ies)?

Back 27

Withhold rent, terminate lease, sue to repossess, sue for damages.

Front 28

At common law, what are the 3 kinds of non freehold estates?

Back 28

Tenancy for years, periodic tenancy, and tenancy at will.

Front 29

What is a tenancy for years?

Back 29

Created by express agreement and it is for a fixed or computable period of time. Death of a LL or tenant does not terminate it.

Front 30

What is a periodic tenancy?

Back 30

Created by express agreement and is automatically renewed at the end of each period until terminated. Can be created when a tenancy for years is invalid because of failure to comply w/ statute of frauds. Death does not affect the duration.

Front 31

What is a tenancy at will?

Back 31

Created by agreement but usually is inferred. No set period. Terminates at death.
Ex: Letting for an undefined period w/ no stipulation for rent.

Front 32

How is a tenancy for years terminated?

Back 32

Terminates automatically at the end of the designated term.

Front 33

How is a periodic tenancy terminated?

Back 33

Can only be terminated at the end of the period after proper notice is given.

Front 34

How is a tenancy at will terminated?

Back 34

Can be terminated w/out advance notice.

Front 35

What is a tenancy at sufferance?

Back 35

It is a holdover tenant. Traditionally it was terminated at will of LL or he could make tenant lease for another term.
Modern view states that LL cannot make him lease another term when an extension of time to vacate would work.