BUS 250 TEST PAPER ANSWERS AND QUESTIONS
SET A+
✔✔Lease - ✔✔is An agreement in which an owner gives a tenant the right to use
property
✔✔A covenant - ✔✔is simply a promise by either the landlord or the tenant to do
something or refrain from doing something
✔✔A condition - ✔✔is similar to a covenant, but it allows for a landlord to evict a tenant
if there is a violation
✔✔Tort Law - ✔✔is Negligence law that may determine the liability of the landlord and
tenant when a person is injured or property is damaged.
✔✔There are four types of tenancy: - ✔✔a tenancy for years, a periodic tenancy, a
tenancy at will, and a tenancy at sufferance.
✔✔tenancy for years - ✔✔is A lease for a stated, fixed period
✔✔periodic tenancy - ✔✔is A lease for a fixed period, automatically renewable unless
terminated
✔✔notice to quit - ✔✔is A landlord's notice terminating a tenancy
✔✔tenancy at sufferance - ✔✔is A tenancy that exists without the permission of the
landlord, after the expiration of a true tenancy(hold over)
✔✔The landlord's first important duty - ✔✔is to deliver possession
✔✔All tenants are entitled to - ✔✔quiet enjoyment of the premises, meaning the right to
use the property without the interference of the landlord
, ✔✔escalator clause - ✔✔is A lease clause allowing the landlord to raise the rent for
specified reasons
✔✔duty to mitigate - ✔✔is a legal obligation requiring a party injured by a breach of
contract or tort to take reasonable steps to minimize their losses or damages. It
prevents victims from recovering damages that could have been avoided through
reasonable effort, such as seeking medical treatment or finding new employment
✔✔A tenant - ✔✔is generally liable for injuries occurring within the premises she is
leasing, whether that is an apartment, a store, or otherwise.
✔✔The common law - ✔✔held a landlord responsible for injuries on the premises only
in a limited number of circumstances, which we describe here.
✔✔Latent defects - ✔✔If the landlord knows of a dangerous condition on the property
and realizes the tenant will not notice it, the landlord is liable for any injuries. For
example, if a landlord knows that a porch railing is weak and fails to inform the tenant,
the landlord is responsible if the tenant plunges off the porch. But notice that, under the
common law, if the landlord notifies the tenant of the latent defect, he is no longer liable.
✔✔Common areas - ✔✔The landlord is usually responsible for maintaining the common
areas, and along with this obligation may go liability for torts. As we saw earlier, if your
guest falls downstairs in a common hallway because the stairs were defective, the
landlord is probably liable
✔✔Negligent repairs - ✔✔Even in areas where the landlord has no duty to make
repairs, if he volunteers to do so and does the work badly, he is responsible for resulting
harm.
✔✔Public use - ✔✔If the premises are to be used for a public purpose, such as a store
or office, the landlord is generally obligated to repair any dangerous defects, although
the tenant is probably liable as well. The purpose of this stricter rule is to ensure that the
general public can safely visit commercial establishments. If a landlord realizes that the
plate glass in a store's door is loose, he must promptly repair it or suffer liability for any
injuries.
✔✔modern trend - ✔✔In many states, a landlord must use reasonable care to maintain
safe premises and is liable for foreseeable harm
✔✔exculpatory clause - ✔✔which states that the landlord is not liable for any injuries
that occur on the rented premises, whether to you or your guests, regardless of the
cause.
✔✔Precedent - ✔✔is The tendency to decide current cases based on previous rulings
SET A+
✔✔Lease - ✔✔is An agreement in which an owner gives a tenant the right to use
property
✔✔A covenant - ✔✔is simply a promise by either the landlord or the tenant to do
something or refrain from doing something
✔✔A condition - ✔✔is similar to a covenant, but it allows for a landlord to evict a tenant
if there is a violation
✔✔Tort Law - ✔✔is Negligence law that may determine the liability of the landlord and
tenant when a person is injured or property is damaged.
✔✔There are four types of tenancy: - ✔✔a tenancy for years, a periodic tenancy, a
tenancy at will, and a tenancy at sufferance.
✔✔tenancy for years - ✔✔is A lease for a stated, fixed period
✔✔periodic tenancy - ✔✔is A lease for a fixed period, automatically renewable unless
terminated
✔✔notice to quit - ✔✔is A landlord's notice terminating a tenancy
✔✔tenancy at sufferance - ✔✔is A tenancy that exists without the permission of the
landlord, after the expiration of a true tenancy(hold over)
✔✔The landlord's first important duty - ✔✔is to deliver possession
✔✔All tenants are entitled to - ✔✔quiet enjoyment of the premises, meaning the right to
use the property without the interference of the landlord
, ✔✔escalator clause - ✔✔is A lease clause allowing the landlord to raise the rent for
specified reasons
✔✔duty to mitigate - ✔✔is a legal obligation requiring a party injured by a breach of
contract or tort to take reasonable steps to minimize their losses or damages. It
prevents victims from recovering damages that could have been avoided through
reasonable effort, such as seeking medical treatment or finding new employment
✔✔A tenant - ✔✔is generally liable for injuries occurring within the premises she is
leasing, whether that is an apartment, a store, or otherwise.
✔✔The common law - ✔✔held a landlord responsible for injuries on the premises only
in a limited number of circumstances, which we describe here.
✔✔Latent defects - ✔✔If the landlord knows of a dangerous condition on the property
and realizes the tenant will not notice it, the landlord is liable for any injuries. For
example, if a landlord knows that a porch railing is weak and fails to inform the tenant,
the landlord is responsible if the tenant plunges off the porch. But notice that, under the
common law, if the landlord notifies the tenant of the latent defect, he is no longer liable.
✔✔Common areas - ✔✔The landlord is usually responsible for maintaining the common
areas, and along with this obligation may go liability for torts. As we saw earlier, if your
guest falls downstairs in a common hallway because the stairs were defective, the
landlord is probably liable
✔✔Negligent repairs - ✔✔Even in areas where the landlord has no duty to make
repairs, if he volunteers to do so and does the work badly, he is responsible for resulting
harm.
✔✔Public use - ✔✔If the premises are to be used for a public purpose, such as a store
or office, the landlord is generally obligated to repair any dangerous defects, although
the tenant is probably liable as well. The purpose of this stricter rule is to ensure that the
general public can safely visit commercial establishments. If a landlord realizes that the
plate glass in a store's door is loose, he must promptly repair it or suffer liability for any
injuries.
✔✔modern trend - ✔✔In many states, a landlord must use reasonable care to maintain
safe premises and is liable for foreseeable harm
✔✔exculpatory clause - ✔✔which states that the landlord is not liable for any injuries
that occur on the rented premises, whether to you or your guests, regardless of the
cause.
✔✔Precedent - ✔✔is The tendency to decide current cases based on previous rulings
