Unit 2- The Contract of Lease

Question 1

What is the meaning of the word RECIPROCAL.?

Answer 1

When something is given or something is done in return for something else.

Eg. I will give you my stapler, but then you must give me your scissors.

Question 2

What is the criteria of thing that is to be let.

Name 3

Answer 2

1. It must be movable or immovable.
2. It must be identified or identifiable.
3. It shouldn’t be possible to diminish, consume or alienate the obtject.

Question 3

What is the elements of a CONTRACT OF LEASE?

Answer 3

1. Must have fhe use and enjoyment of the object which must be corporeal.
2. It must be a temporary arrangement.
   ● It may stipulate that the arrangement will run until the occurrence of a specified event. Thus not a contract with a timeframe of perpetuity.
3. Rent must be paid.
   ● This must be in a spesified sum of money.
   ● Exception to this rule is in a lease of agricultural land. Payment can be made in a define quantity of produce.

Question 4

To what extent my exclusions be made to the contract of lease?

Answer 4

No essential elements may be excluded. However, things that would have resulted according to common-law may be excluded.

Thus, something that needed not to be written in in order for it to have power, must intentionally be removed if you wish for it not to have an effect.

Question 5

In short 3 points, what is the duties of the Landlord/Lessor?

Use a property as an example.

Answer 5

1. He must deliver the keys.
2. He must maintain the property. - failure to do so will result in a breach of contract.
   ● Note that this exclude faults caused by the tenant/ lessee.
3. He must ensure the tenant have uninterrupted use and enjoyment of the property.
   ● The lessor need not be the owner of the property nor does he need to have the right to lease the property and the lessee does not have the right to contest his right. Even if he did not have the right to lease the property, the contract remains valid.