Leasing Real Property

Question 1

Privity of Contract

Answer 1

Lease is a type of K and both have rights and duties under contract law

Question 2

Privity of Estate

Answer 2

lease is also seen as the conveyance of an estate in land

Question 3

Sublease Transfer

Answer 3

no privity of [estate] exists between complainants and defendant; D could not be liable to complainants on the covenant to pay rent and the expense of the removal of the improvements

Question 4

Numerus Clausus

Answer 4

Policy against having too many titles.

Question 5

Constructive Eviction

Answer 5

CL special tenant protection against defective leased premises; defense andT won’t need to pay rent

Question 6

Implied covenant of quiet enjoyment

Answer 6

promise by LL to not wrongfully interfere w/ tenant’s possession

Question 7

Caveat emptor

Answer 7

“let the buyer beware” - CL implied responsibility to inspect premises w/o LL expectations to repair

Question 8

Special damages

Answer 8

foreseeable result o the landlord’s breach, the tenant suffers personal injury, property damage, relocation expenses, or other similar injuries

Question 9

General Damages

Answer 9

recoverable in the form of rent abatement or reimbursement to the tenant are more difficult to calculate.

Question 10

Privity of K

Answer 10

both have rights and duties under K law

Question 11

Privity of Estate

Answer 11

Lease is also seens as a land coveyance, T and LL have a legal relationship under P law