AIC 301 Simulated Exam
A. Whether the parties' intention was to cover property the brothers owned as partners, property
they owned individually, or both.
Correct. Parol evidence can establish whether the parties' intention was to cover property the
brothers owned as partners, property they owned individually, or both.
The Martin brothers, Larry and Kent, each own a home and share ownership of tools,
equipment, and home furnishings. They also have three vehicles, two of which are owned by
Kent, and the third is owned jointly. Their property is covered under policies issued by Insurance
Company, and all policies refer to the description of property insured as "property of the Martin
brothers." Since the insurance policies are ambiguous as to the property insured, parol evidence
can establish
A. Whether the parties' intention was to cover property the brothers owned as partners, property
they owned individually, or both.
B. The distribution of the property.
C. Whether the insurance contract is valid because of its ambiguous wording.
D. Any illegality, fraud, or mistake involved in the brothers' attempt to obtain insurance
coverage.
D. And receive as damages the amount of the remaining rent payments.
Correct. Leon may treat Adam's abandoned property as an anticipatory breach and receive the
amount of the remaining rent payments as damages. Constructive eviction occurs when actions
or inactions of a landlord prevent the tenant from enjoying a substantial or integral part of the
premises. Leon retains his rights as landlord and may rent the property at will.
Tenant Adam defaulted on his rent payments to landlord Leon. Adam left town and abandoned
his personal property. Leon can treat Adam's abandoned property as an anticipatory breach
A. But Leon cannot rent the property for at least 90 days subsequent to the property
abandonment.
B. And invoke constructive eviction.
A. Whether the parties' intention was to cover property the brothers owned as partners, property
they owned individually, or both.
Correct. Parol evidence can establish whether the parties' intention was to cover property the
brothers owned as partners, property they owned individually, or both.
The Martin brothers, Larry and Kent, each own a home and share ownership of tools,
equipment, and home furnishings. They also have three vehicles, two of which are owned by
Kent, and the third is owned jointly. Their property is covered under policies issued by Insurance
Company, and all policies refer to the description of property insured as "property of the Martin
brothers." Since the insurance policies are ambiguous as to the property insured, parol evidence
can establish
A. Whether the parties' intention was to cover property the brothers owned as partners, property
they owned individually, or both.
B. The distribution of the property.
C. Whether the insurance contract is valid because of its ambiguous wording.
D. Any illegality, fraud, or mistake involved in the brothers' attempt to obtain insurance
coverage.
D. And receive as damages the amount of the remaining rent payments.
Correct. Leon may treat Adam's abandoned property as an anticipatory breach and receive the
amount of the remaining rent payments as damages. Constructive eviction occurs when actions
or inactions of a landlord prevent the tenant from enjoying a substantial or integral part of the
premises. Leon retains his rights as landlord and may rent the property at will.
Tenant Adam defaulted on his rent payments to landlord Leon. Adam left town and abandoned
his personal property. Leon can treat Adam's abandoned property as an anticipatory breach
A. But Leon cannot rent the property for at least 90 days subsequent to the property
abandonment.
B. And invoke constructive eviction.
