LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week...
-
Upload
miranda-preston -
Category
Documents
-
view
217 -
download
0
Transcript of LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week...
![Page 1: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/1.jpg)
LOGISTICS• No Office Hours Today
• Test Grades & Answers/Comments Handout Available by Early Next Week
• Fall Schedule Available Later in the Week– I’ll Talk About Course Selection Next Monday– Also Course Selection Advice on My Home Page
• Doing an Old Exam Question for Feedback– Info on Course Page– I’ll Talk About and Take Qs on Wed/Fri
![Page 2: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/2.jpg)
CORRECTIONS• Course Page changes made Sat. a.m.
– DQ 109-10: “blackletter tests” are on S155
– Several adjustments to Assignment Sheet
• Corrections to Textbook for Wed/Fri– P830 line 9: “dominant” should be
“servient”
– P848 2d para. line 5: “licensor” should be “licensee”
![Page 3: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/3.jpg)
Music: Stevie Nicks, Bella Donna (1981)
NCAA CONTEST POTENTIAL WINNERS
• If Michigan State reaches finals: Ainsworth
• If Butler over W.V. in finals: Ainsworth
• If W.V. over Butler in finals: B. Young
• If Duke v. Butler in finals: Rosado-Barreras
![Page 4: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/4.jpg)
The Rule Against Perpetuities
Not Tested!So Why Cover?
![Page 5: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/5.jpg)
The Rule Against PerpetuitiesWhy Cover?
Horror Movie VALUE(The Shadow of the Past)
![Page 6: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/6.jpg)
The Rule Against PerpetuitiesWhy Cover?
• Awareness of Rule• Policy Reasons for Interfering with Intent of
Grantor– Alienability– Limit Dead Hand Control
![Page 7: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/7.jpg)
The Rule Against Perpetuities
No [contingent future] interest [in a grantee] is good unless it must
vest, if at all, not later than twenty-one years after some life in being
at the creation of the interest.
![Page 8: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/8.jpg)
The Rule Against Perpetuities
Paradigm Grant: (in will): To my children for life, then to my first grandchild to turn 21.
![Page 9: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/9.jpg)
The Rule Against Perpetuities
Paradigm Grant: (in will): To my children for life, then to my first grandchild to turn 21.
Easy Case (Void): To my children for life, then to my first grandchild to turn 30.
![Page 10: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/10.jpg)
The Rule Against Perpetuities
Paradigm Grant: (in will): To my children for life, then to my first grandchild to turn 21.Easy Case (Void): To my children for life,
then to my first grandchild to turn 30.Easy Case (Void): To B and B’s heirs, but if
the property is ever used for commercial purposes, to C and C’s heirs.
![Page 11: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/11.jpg)
The Rule Against Perpetuities
Jiminy conveys to Pinocchio for life, then to Cleo if Cleo attains the age of 30." Cleo
is now 2 years old.
![Page 12: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/12.jpg)
The Rule Against Perpetuities
Jiminy conveys to Pinocchio for life, then to Cleo if Cleo attains the age of 30."
Cleo is now 2 years old.
• OK. Must vest (if at all) during Cleo’s lifetime.
• That can vest 21 year’s after P’s death doesn’t matter if C can serve as measuring life.
![Page 13: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/13.jpg)
The Rule Against Perpetuities
Mary, a teacher of property law, grants $1,000 "for all members of my present property
class who are admitted to the bar."
![Page 14: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/14.jpg)
The Rule Against Perpetuities
Mary, a teacher of property law, grants $1,000 "for all members of my present property
class who are admitted to the bar."
• OK. Whenever grant to living person conditional on that person doing something, OK because has to happen w/in their life.
![Page 15: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/15.jpg)
The Rule Against Perpetuities
PRACTICE POINTS
• Modified by statute or caselaw in most states (although basic analysis usually still required).
• Can show up (as surprise) with regard to business transactions like options and security interests.
![Page 16: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/16.jpg)
Transition: Back to Landlord-Tenant & Forward to Servitudes
• Common Ground– Based in Contracts– Shared Rights to Same Piece of Land
• Common Issues– Interpretation of Contract Provisions– Public Policy Limitations on Right to Contract
![Page 17: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/17.jpg)
Tenant’s Right to Transfer
Featuring EAGLES
![Page 18: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/18.jpg)
Tenant’s Right to Transfer
1. Overview2. “Reasonable” Withholding of Consent3. Should Courts Imply “Reasonableness”?
a. Commercial Tenanciesb. Residential Tenancies
4. Waiver Permissible?
![Page 19: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/19.jpg)
Tenant’s Right to Transfer:Overview
ASSIGNMENT• Transfer of entire remaining lease term.
• Original L and T retain responsibilities to each other.
• Generally speaking L and Assignee now also responsible to each other for original lease terms
![Page 20: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/20.jpg)
Tenant’s Right to Transfer:OverviewSUBLEASE
• Transfer of less than entire remaining lease term.
• Original L and T retain responsibilities to each other.
• Generally speaking L and Sublessee not responsible to each other for original lease terms
![Page 21: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/21.jpg)
Tenant’s Right to Transfer:Overview
Right to Transfer• T allowed to transfer unless lease provision to
contrary.
• Limits read narrowly (e.g., ban on “assignment” won’t prevent subleases).
• Common provision: “No transfer w/o consent of landlord”
![Page 22: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/22.jpg)
Tenant’s Right to Transfer
1. Overview
2. “Reasonable” Withholding of Landlord’s Consent
3. Should Courts Imply “Reasonableness”?a. Commercial Tenanciesb. Residential Tenancies
4. Waiver Permissible?
![Page 23: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/23.jpg)
Tenant’s Right to Transfer:Definition of of “Reasonable”
• Some leases will say “No transfer without consent of L, which will not be withheld unreasonably.”
• Some states imply “reasonableness” into leases requiring L’s consent to transfer
• What is “reasonable” in these contexts?
![Page 24: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/24.jpg)
Tenant’s Right to Transfer:Definition of of “Reasonable”
• What is “reasonable” in these contexts?
• Funk: look to what a “reasonable man in the L’s position” would do. (Thanks)
![Page 25: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/25.jpg)
Tenant’s Right to Transfer:Definition of of “Reasonable”
LEGITIMATE CONCERNS• Assurances re Rent• Assurances re Use & Care of Premises• Proposed Use:
– Need for Alterations– Legality– Compatible w Other Tenants
![Page 26: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/26.jpg)
Tenant’s Right to Transfer:Definition of of “Reasonable”
NOT LEGITIMATE CONCERNS• Personal Taste, Sensibility or Convenience• Lever to Change Lease Terms (esp. T
expectations re $)• Note Cases: Collateral Economic Advantage
(e.g., Filling Other Units)
![Page 27: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/27.jpg)
Tenant’s Right to Transfer:Definition of of “Reasonable”
HYPOS• Bait & Switch (T wants to transfer to previously
rejected applicant; no financial reason to reject)• Religious or Political Objections
![Page 28: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/28.jpg)
Tenant’s Right to Transfer
1. Overview2. “Reasonable” Withholding of Consent
3. Should Courts Imply “Reasonableness”?
a. Commercial Tenanciesb. Residential Tenancies
4. Waiver Permissible?
![Page 29: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/29.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Comm’l)?
Arguments FOR Implying Reasonableness?
![Page 30: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/30.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Comm’l)?
Arguments FOR Implying Reasonableness• Importance of Alienation• General Reqmt. of Good Faith & Fair Dealing• Protects L’s Legitimate Concerns (esp. re $$$)• Prevents L Using Transfer to Extort Better Lease
Terms
![Page 31: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/31.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Comm’l)?
Arguments AGAINST Implying Reasonableness?
![Page 32: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/32.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Comm’l)?
Arguments Against Implying Reasonableness• Rewriting Contract• Interferes w L’s Control of Own Property• May Lead to Lot of Litigation
![Page 33: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/33.jpg)
Tenant’s Right to Transfer
1. Overview2. “Reasonable” Withholding of Consent
3. Should Courts Imply “Reasonableness”?
a. Commercial Tenancies
b. Residential Tenancies4. Waiver Permissible?
![Page 34: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/34.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Residential)?
Why Might We Look at Differently if Residential Lease?
![Page 35: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/35.jpg)
Tenant’s Right to Transfer:Imply Reasonableness (Residential)?
Why Different if Residential Lease?• Maybe L more personally involved More L Control• If L lives on premises More L control• T may have less knowledge and/or bargaining power
Less L Control• More legit. reasons to reject in comm’l setting
More States Imply in Residential Setting
![Page 36: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/36.jpg)
Tenant’s Right to Transfer
1. Overview2. “Reasonable” Withholding of Consent3. Should Courts Imply “Reasonableness”?
a. Commercial Tenanciesb. Residential Tenancies
4. Waiver Permissible?
![Page 37: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/37.jpg)
Tenant’s Right to TransferWaiver Permissible?
• Usual Arguments re Waivers (be familiar with)• Restatement says Waiver OK if “freely bargained for.”• Some States say NO.
![Page 38: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/38.jpg)
HABITABILITY & Related Issues
Featuring FALCONS
![Page 39: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/39.jpg)
HABITABILITY & Related Issues
1.Review of History2. Constructive Eviction3. Warranty of Habitability4. Retaliatory Eviction
![Page 40: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/40.jpg)
HABITABILITY & Related Issues: Review of History
1. Common Law: Absent K, No L Duty to Provide Premises in Usable Condition or to Repair
2. Constructive Eviction: Physical Problems Attributable to L Equivalent to Eviction, T Can End Lease
3. Implied Warranty of Habitability: a. Courts Create L Duty to Maintain Minimum
Habitability Stds in Residential Leases (1960s 80s)
b. Version exists today in almost every state via statute or caselaw
![Page 41: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/41.jpg)
HABITABILITY & Related Issues1. Review of History
2.Constructive Eviction & Related Doctrines
3. Warranty of Habitability4. Retaliatory Eviction
![Page 42: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/42.jpg)
HABITABILITY & Related Issues: Constructive Eviction
Implied Covenant of Quiet Enjoyment• Traditionally not really about quiet or
enjoyment in physical sense.
• Protected legal right to possess from acts authorized by L
– e.g., L evicts or excludes prior to end of lease– e.g., L purports to rent or sell to someone
else prior to end of lease
• What other kinds of protections are implied in the Covenant of QE?
![Page 43: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/43.jpg)
HABITABILITY & Related Issues: Constructive Eviction
Three Doctrines• Partial Actual Eviction
• Constructive Eviction
• Partial Constructive Eviction (some states)
![Page 44: LOGISTICS No Office Hours Today Test Grades & Answers/Comments Handout Available by Early Next Week Fall Schedule Available Later in the Week –I’ll Talk.](https://reader038.fdocuments.net/reader038/viewer/2022110322/56649d1e5503460f949f2197/html5/thumbnails/44.jpg)
HABITABILITY & Related Issues1. Review of History
2. Constructive Eviction
3.Warranty of Habitability4. Retaliatory Eviction