Assignments & Subleases
Transfer of anything less than the full interest is a sublease.
What is the English Rule for Assignments?
This duty of a lessor cannot be waived.
What is the implied warranty of habitability?
This doctrine illustrates that a cave system is not owned by the one who owns the entrance...
What is Ad Coelum?
What is life +70?
Margaret Radin's 3 concerns of market alienability of the human body.
What is (1) coercion, (2)dignity of personhood, (3) domino effect?
What is (1) the duration of the sub-lease, (2) the terms of the agreement, (3)promissory notes for deffered payments, (4) Whether a reversion exists with the prime lessee.
A breach of this type of covenant relieves the other party of their duties.
What is a dependent covenant?
"Objects bestowed by Nature" and a gradual change in the water way.
What is accreation?
An original work of authorship must be fixed in this medium.
What is a tangible medium?
A side effect of a party's decision on another party that had no say in the decision.
What is an externality?
The Assignee and the Original Lessor are in this type of privity?
What is privity of estate?
When a landlord interferes with the tenant's enjoyment, the tenant gives notice and the landlord fails to act, and the Tenant vacates in a reasonable time.
What is constructive eviction?
The Relativity of title is illustrated in this chain loved by b. mill...
This law states that you cannot patent anything naturally occuring.
What is the law of nature rule?
Elinor Ostrom's ideal way of governing the commons.
What is a closed access commons?
The duties parties undertake when they are in privity of estate.
DAILY DOUBLE: Breaches of common law duties or essential lease terms.
What are breaches of material terms (dependent covenants)?
The Two tests that govern what is a fixture.
What is the (1) bolted to the wall test and (2) custom?
The plague facing the lawyers of Velcro (tm).
What is genericide (trademark becoming generic)?
An expansion of this doctrine to cover any undeveloped space in government hands that people can enjoy and encourage judges to police legislatures giving away public domain.
What is the public trust doctrine?
This case required a commercially reasonable ground to deny an assignment/sublease.
What is Kendall v. Ernest Pestana Inc.?
Under this rule, the landlord is responsible for squatters?
What is the English Rule (for delivery of property)?
What is (1) the mental state of the improver, (2) the degree the converter transformed the property, (3) relative value contributed by each party?
When you use another party's trademark.
The prime reason that people lease real estate.