Delivery of Possession

Question 1

Hannan v. Dusch

Answer 1

A landlord has no implied duty or obligation to deliver actual possession, just a duty to deliver a right to possession.

Question 2

American Rule

Hannan v. Dusch

Answer 2

Landlord has no duty to oust hold over tenants

Landlord would be reluctant to lease premises if they had a duty to oust

EFFICIENCY THEORY
Most efficient if don’t have to spend time ousting holdovers

Question 3

Exceptions

Hannan v. Dusch

Answer 3

Lease provides that L has a duty to oust holdovers

Question 4

English Rule

Hannan v. Dusch

Answer 4

In absence of express lease provision, L has an implied duty to deliver actual possession

Discourages trespassers

WELFARE THEORY
Makes property more alienable and benefits society as a whole

Question 5

Herpolsheimer v. Christopher

Answer 5

Supports the idea that the English rule because it is a “good conscience” rule