Assignment 1-17

Question 1

Trespass to real property

Answer 1

When an intentional trespass to real property occurs, the jury may award punitive damages regardless if whether there was actual harm to the property

Question 2

Trespass to Chattel

Answer 2

Trespass to chattel requires physical harm to the condition, quality, or value of the chattel, so as to deprive the owner of the use or value

Question 3

Lease

Answer 3

Exclusive possession
Possessory interest in the land
Acts as both a contract and conveyance of leasehold estate
Cannot be terminated at will
Description of specific property used
Definite rent
Non-Assignment Clause

Question 4

License

Answer 4

Authorizes the licensee to use the land in possession of another for a specific purpose
Acts as a contract but does not convey possessory interest
Can be terminated at will
Permission to use the property
No space designation
Restrictions when you can use the property

Question 5

Partial Actual Eviction

Answer 5

When a landlord prevents a tenant using any portion of the premises by physically encroaching or infringing on the premises

Question 6

PAE Majority remedies

Answer 6

Tenant has no obligation to continue to pay any rent and can sue the landlord for damages

Question 7

PAE minority remedies

Answer 7

Tenant pays partial rent and can sue for damages for breach of contract

Question 8

Constructive Eviction

Answer 8

Landlord’s actions or inactions, regardless of intent, cause the premises to no longer be suitable for its intended purpose

Question 9

CE majority remedies

Answer 9

Tenants need to give notice to the landlord and allow them a reasonable amount of time to fix the issue. If there is no resolve, the tenant must move out and treat the contract as terminated. After vacating the premises, there is no obligation to pay rent

Question 10

CE minority remedies

Answer 10

Only need to vacate the unusable portion of the premises

Question 11

Breach of Covenant of Quiet Enjoyment

Answer 11

An implied covenant that tenant has the right to enjoy the possession of the premises in peace and without disturbance; For there to be a breach, there needs to be a substantial and non-temporary interference with the tenant’s beneficial use and enjoyment of the premises

Question 12

Warranty of Habitability

Answer 12

Implied duty in a residential lease requiring the lessor to ensure that the premises, at inception and throughout the duration of the lease, and those facilities vital to the use of the premises remain in good habitable condition

Question 13

Warranty of Habitability majority rule

Answer 13

non-waivable

Question 14

Warranty of Habitability minority rule

Answer 14

partial or full waiver

Question 15

Warranty of suitability

Answer 15

Implied duty in some commercial leases requiring the lessor to ensure the premises are suitable for intended commercial purpose