This lesson explores invitations to negotiate/preliminary negotiations and other statements and expressions that are not offers, including advertisements, invitations to bid, price quotations and statements of intention. Determining whether a particular communication is an offer or preliminary negotiation (a matter determined according to the surrounding circumstances) prior to the formation of contract is essential to the determination of whether a contract exists.
Read moreThis lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.
Read moreThis lesson examines the duty of the landlord to deliver possession of the leased premises to the tenant. Courts have split as to whether the landlord has an implied duty to deliver actual physical possession of the property. Express lease provisions that bear on the delivery of possession are also considered. There is also a short discussion of a related topic: covenants of title in leases.
Read moreThis lesson lays the foundation for the advanced study of mortgages and financing that is based on the security of mortgage, mortgage variants, and mortgage substitutes.
Read moreThis is the first of two advanced lessons on real estate purchase options. In so doing, the lesson covers their contract nature of options and their uses.
Read moreThis is the second of two lessons about real estate purchase options. This lesson explains the problems in using purchase options that arise when the subject of the option is real estate.
Read moreThis lesson is the third of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The lesson progresses from addressing the traditional elements required to create a tenancy by the entirety, the resulting right of survivorship and the events severing the tenancy. Also, it deals with the status of the tenancy by the entirety under modern statutes.
Read moreThis lesson is an introduction to the Uniform Statutory Rule Against Perpetuities. As such, it addresses the basic concepts a first year Property student is likely to encounter when analyzing this statute.
Read moreThis lesson's overall plan is to introduce students to the basic principles involved with two common modifications to the common law Rule Against Perpetuities: Wait-and-See and Cy Pres. The exercise assumes the student is familiar with Possessory Estates, Future Interests, and the common law Rule Against Perpetuities; it is suggested students work through those exercises first.
Read moreThe lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.
Read more