Found insideYou could get a more challenging question on the lease/licence distinction or on remedies for breach of covenants. Problem questions Examples are: (a) the ... Found inside – Page 219Cases of breach of in-house asset rules The in-house asset rules are civil penalty ... involving a lease of residential property from a related unit trust; ... Found inside – Page 8that the breach of covenant prohibiting assignment or sublease does not in and of itself terminate the lease . See Chessport Millworks , Inc. v . Found inside – Page 47The law allows another remedy in extreme cases of mismanagement . ... cases where the freeholder is in breach of obligations under the lease and cases where ... Found inside – Page 206In some cases, a tenant stops paying rent upon vacating the premises prior ... the landlord has a right of action for breach of contract against the tenant ... Found inside – Page 286In more recent cases, breach has been held to be irremediable where the premises were ... time to complete the work required before the end of the lease. 4. Found insideA breach of the lease happens when the tenant violates the rules ... For example, if the tenant brings in a pet, removing the pet is cheaper than an ... Found inside – Page 884Options that may be available to a tenant on a landlord's breach of the ... Example 35.18 Lifetime Insurance Agency enters into a lease with Mallory for a ... Found inside – Page 361By Lord St. Leonards ' Act Courts of for not Equity were empowered to grant relief in certain cases against forfeiture of insuring leases for breach of covenant or condition to insure against loss or damage by Lord St. fire , where no loss or ... Found inside – Page 1024.29 Rescission is the right of a party to back out of a contract ... In such cases, what amounts to a material breach justifying rescission will be ... Found inside – Page 490In a month - to - month tenancy , for example , notice must be given one month before the beginning of the last month of the ... Most leases provide for termination upon the happening of certain events , usually nonperformance or breach of ... Found insideThe tenant will be in breach if he does not use the demised premises for the ... There are various examples of negative covenants, which fall outside the ... Found inside – Page 44Here are some other examples of breaches by the landlord of the implied covenant of quiet enjoyment ... Terminating the lease without just cause . Found inside – Page 74More generally, while the usual rule is that emotional distress damages are not available in contract, they may be available when the law treats the breach ... Found inside – Page 228752 ( “ The measure of damages for breach of a lease is that established by C.C. 3300 for breach of contract " ] . ... ( 1 ) Examples of such damages are the lessor's reasonable expenses in retaking possession of the property , in making repairs ... Found inside – Page 699Options that may be available to a tenant on a landlord's breach of the implied ... the cost from the rent, canceling the lease, and suing for damages. Found inside – Page 179... made the tenant's purported vacation of the premises a breach of contract. The Court of Appeal ofTrinidad and Tobago applied the rule in Walsh v. Found inside – Page 149Punitive damages are rarely awarded in contract cases . ... Direct damages are those that flow directly from the breach of contract . Using the proven Examples & Explanations approach, this popular study guide gives students point-by-point practice and assistance with UCC Articles 2 and 2A. Found inside... thus allowing the lessor to exercise its remedies for breach under the lease. This can be seen from Cheshire & Fifoot's definition of a condition ... Found inside – Page 84This implies that the lease to Nicholson and Richmond had been terminated . The plaintiffs contend that the lessees and their assigns forfeited the estate by breach of the condition contained in the lease , and that the plaintiffs had a right to ... Found inside0 a lease had been rescinded and the issue was the recoverability by the ... be seen in cases of landlord breach of a lease for which general damages would ... Found inside – Page 672Examples & Explanations Brian A. Blum ... Afewdaysafterhe had incurred this expense the lessor breached the lease by letting the premises to someone else. Found insideA breach that would result in a termination of the lease must be substantial. ... A substantial breach, for example, would include failure to provide heat ... Updated throughout, The Fifth Edition of Examples & Explanations: Sales and Leases features : author Jim Brook, popular author of three commercial law study guides in the Examples & Explanations Series the proven-effective Examples & ... Found inside – Page 251The landlord may accept the voluntary surrender by the tenant of his interest in the property before the expiration of the lease . A mere abandonment without the assent of the lessor is not a surrender , but a breach of contract on the part of the ... Found inside... party under a contract may be entitled to treat a breach of contract by the ... end but if it continues to operate the contract, for example by pressing ... Found inside – Page 432For example, where there has been a breach of a covenant to keep the premises in ... Failure to pay rent is a once and for all breach,65 as is unlawful ... Found inside – Page 6-25For example, a condition that requires the issuer to pay the beneficiary when ''the applicant is in breach of the Lease'' is a nondocumentary condition. Found inside – Page 244Examples of minor breaches include the landlord's failure to maintain ... ( 1927 ) 83 CA 173 ] ; However , a material breach of the lease agreement by ... A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the ... Found inside – Page 272charterer's breach.25 Other examples include: where breach is listed among ... where the indemnity applies to a 'breach or alleged breach' of a contract;27 ... The text s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on the Sale and Lease of Goods concise and efficient. Found inside – Page 828248 what a breach , ii . 250 . See further , ANALYSIS , at beginning of Vol , I. on whom covenant binding , ii . 263 whether it runs with the land , ii . Found inside – Page 285Where a lease contained a covenant that in case of damage to the buildings on ... Examples of covenants which run with the land and bind the grantee of the ... Found inside – Page 591Assume, for example, that Cartier sues La Salle, a tenant in his shopping center, for breach of a provision in the standard lease signed by all Cartier's ... Found inside – Page 396This covenant will be breached where the landlord has personally interrupted the lessee's quiet enjoyment. Examples where this has been found to have ... Found inside – Page 62For example, the vendor's breach of a contract for the sale of land may entitle the purchaser to terminate the contract. But the purchaser is equally ... Found inside – Page 313Examples & Explanations D. Barlow Burke, Joseph A. Snoe ... The doctrine of constructive eviction is based on the landlord's breach of the covenant of quiet ... Found inside – Page 15-31Assert this defense if your landlord is demanding more rent than is legally authorized under ... We'll look at examples of such related claims in a minute. Found inside – Page 41It will be obvious from the examples discussed in s . 60 to 64 above that in COMMON LAW countries the remedies ordinarily available for breach of contract ... Found inside – Page 464A. Cure Requirements In order to assume a contract, the trustee/DIP must, in most cases, ... Examples of such breaches would be violation of a lease ... Found inside – Page 63Examples: T must not unreasonably disturb other tenants, and must obey ... by which if T fails to pay rent promptly or otherwise breaches the lease, ... Found inside – Page 320The covenantor or the assignee of and no other purpose , “ and will not do any other the lease may be liable , but the ... that particular described as a vapour lamp , in which petrol was thing to be done commits a breach of the used . covenant . Found inside – Page 319At common law, lease covenants were “independent.” A landlord's breach of the covenant of quiet enjoyment, for example, gave the tenant a cause of action ... Found insideForfeiture: if the tenant is in breach of any covenants in the lease then the ... An example would be where the tenant gives up possession of the land ... Found insideT is still free to terminate her lease for any reason or no reason, upon 30-days notice to L ... Examples of material breaches include: failure to pay rent; ... Found inside – Page 360Example. 13h. If after MR's default in mortgage payments ME, MEE, and MR work out ... breach of any material covenant of Borrower as lessor under any lease, ... 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