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Scenario 1 raises the question of whether George can obtain vacant possession of the flats occupied by Bella, Charles, David, Eva and Fiona. Under Section 3 of the Immigration Act a person without the right of abode may enter the UK if given leave to enter.
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The doctrine of separation of powers Discuss the doctrine of separation of powers. Secret trusts Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. The Land Registration Act The work involved in investigating an unregistered title is far greater than that involved with a registered title. The implied duty of trust and confidence in employment contracts Contracts of employment can comprise of both express and implied terms.
Vicarious Liability The concept of vicarious liability is that one person has legal responsibility for a tort committed by another person. Social contracts Social contracts are used to denote an agreement within a state while dealing with the rights and responsibilities of the state and its citizens.
Land law problem question Scenario 1 raises the question of whether George can obtain vacant possession of the flats occupied by Bella, Charles, David, Eva and Fiona.
UK immigration Leave to Enter: Separate Legal Personality of a Company Explain how the concepts of separate legal personality and limited liability give rise to the circumstances Gilbert and Sullivan describe. Trusts and certainty of intention This article looks at the requirements and formalities for a valid trust. However, under all leases there is an implied covenant of quiet enjoyment.
The landlord can engage in no act that prevents the tenant from quietly enjoying her tenancy. Thus, the landlord must provide for services that make the residential property habitable. Alternatively T also has a theory to limit her liability for rent under the implied warranty of habitability. Under the quiet enjoyment theory, T will argue that a constructive eviction occurred.
T can argue that she can properly terminate the lease and seek damages at very least, the cost of the gym membership to take the shower because the landlord acted to make the premises uninhabitable by turning off the heat and hot water. In a cold climate, turning off the heat and hot water is considered by most reasonable people to make the apartment uninhabitable.
However, L can argue that since T stayed in the apartment for a month, she did not vacate within a reasonable time and therefore waived her right to terminate the lease.
He will further argue that proof of her being bale to take a shower at the gym goes to show that the premises were not uninhabitable. L can also argue that changing the condition was in the hands of T. She could have had hot water and heat merely by paying her rent.
This argument will probably not hold up under close scrutiny. One month is not a long period of time given the circumstances. With winter approaching and the coldest weather still ahead, T could argue that she waited a month because she felt that she might be able to reason with L to turn on the heat and that she only moved once it became clear that redress was not available. Consequently, T can probably terminate the lease and seek damages for the cost of her showers at the gym and the loss of quiet enjoyment of the property during the period she went without heat or hot water October 15 to November If T does not prevail under a constructive eviction theory, she can alternatively pursue redress under the theory of implied warranty of habitability, which gives a broader footing to tenants.
Under this view, L had a duty to maintain the apartment in a habitable state. The standard is usually the same as the local housing code. To the extent that the jurisdiction requires hot water and heat, T has rights and can seek a remedy for breach of those rights. T can either move out and terminate the lease or reduce or abate the rent to an amount that is equal to the fair market value of the apartment without heat or hot water. Since T moved out, she might seek an offset of the rent she owed for the period of October 15 through November During this time period, however, T had a duty to report the leaky roof to L.
Under the doctrine of waste, T had a duty to prevent permissive waste. Most leases do not require tenants to make substantial repairs, such as repairing roofs. However, T did have a duty to report the leaky roof. Her failure to do so made her liable for any subsequent damage but not for the cost of repair. To the extent that T was still under the lease when the damage was done, she will be liable to L for any of that damage. T will argue that the substantial damage was done after the lease was terminated on November To the extent that her theory survives, she will not be liable.
If T prevails under either of the above theories, then she does not owe L rent for any time after she abandoned the premises on November
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Land Law Essays. The selection of land law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference justappclose.tk if you wish to cite any of these essays in your own work. The Modern Law Of Proprietary Estoppel Land Property Law Essay; The National Land Code Law Essays.
property and the deed were exchanged, and all warranties merged into the deed. Instead of breach of contract, Dot will assert breach of covenants. PROPERTY ESSAY EXAMINATION #5 Torts. Video. Back. Video Criminal Law Civil Procedure Law Constitutional Law Contracts Law Property Law Torts Law Business Associations Criminal Procedure Evidence Family Law Secured Transactions Legal Ethics Wills, Trusts, & Estates. Pre Law. Back; LSAT Prep Course. Back. LSAT Prep .
“Property.” Please respond to the following: · Evaluating Dolan v. City of Tigard, as a public administrator, take a position on whether you agree or disagree with the approach that the U.S. Supreme Court developed. Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.