duty of continued operation

Question 1

if tenant discontinues operation during lease term?

Answer 1

if lease req & violated, than injunction avail to req. operations continue (piggly wiggly)

Question 2

express covenants

Answer 2

can be read in if lease doesnt have

Question 3

factors ct use favor finding an implied obligation

Answer 3

rent paid based on % sales where no substntl min. rent is due
-if lease contains a non-compete clause (landlord agrees not rent same type of business)

Question 4

factores ct use disfavor implied obligation

Answer 4

if tenant can assign lease w/out consent

-use of a form lease (preprinted)

Question 5

The lease indicates that the premises will be “used for
the purposes of running a general variety store.” The
tenant doesn’t do so, and opens an adult book store
instead. Can the landlord enjoin the violation?

Answer 5

Probably not
-The language is permissive — saying what
can be done — rather than mandatory and
exclusive — saying what must be done

Question 6

handler v. horns

Answer 6

fixtures.

Question 7

fixture

Answer 7

personal property that is

affixed to realty

Question 8

affixed

Answer 8

per. prop is attached physically & permanently

Question 9

would removing substantially damage?

Answer 9

permanently attached

Question 10

trade fixture

Answer 10

whatever the tenant has
installed for the purpose of conducting a
trade or business as long as they can be
removed from the freehold without material
injury to the realty and provided the fixtures
are removed prior to returning possession
of the premises to the landlord

Question 11

traditionally

Answer 11

trade fixtures belonged to landlord at renewal (end nonfreehold & creation of another) most abolished