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LOGISTICS

LOGISTICS. On Course Page: General Final Exam Info, Office Hours, Review Session Times, etc. Registration: Remember to Check System Before Registration Time for Seats Remaining in Courses More Business Associations Seats Being Added I’ll Be Here Today Until 6pm & Tomorrow from 8am Boston.

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LOGISTICS

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  1. LOGISTICS • On Course Page: General Final Exam Info, Office Hours, Review Session Times, etc. • Registration: • Remember to Check System Before Registration Time for Seats Remaining in Courses • More Business Associations Seats Being Added • I’ll Be Here Today Until 6pm & Tomorrow from 8am • Boston

  2. Review Problem 6F(S152)Opinion/Dissent • State Supreme Court in Prior Case: • Where Commercial Lease Required Landlord’s Consent to Transfer, the Landlord could not withhold consent Unreasonably; • Did not rule on whether T could expressly waive this reasonableness requirement • Lease Here: “Tenant may not transfer its interest in this lease without permission of the Landlord, which permission maybe withheld for any reason at all.”

  3. Review Problem 6F(S152)Opinion/Dissent Two Issues: • Is Reasonableness Requirement Waivable? (DENALI Today) • If Not, Were L’s Reasons for Denying Consent Reasonable (EVERGLADES Tomorrow)

  4. DENALI: Rev.Prob.6F(A): Is Reasonableness Requirement re Consent to Transfer Waivable? Denali Caribou

  5. EVERGLADES: Rev.Prob.6F(B): Were L’s Reasons for Denying Consent Reasonable? EGRET IN MANGROVE SWAMP

  6. EVERGLADES: Rev.Prob.6F(B): Were L’s Reasons for Denying Consent Reasonable? • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: • CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” • 5 years earlier, had denied same lease to PP • Task: Should provide substantive arguments for and against each of the two reasons at issue • Could choose to follow cases we read, (e.g., Funk limiting to economic Qs) but need to defend choice • Could try to craft new general rules, then follow

  7. EVERGLADES: Rev.Prob.6F(B): Were L’s Reasons for Denying Consent Reasonable: Political Differences • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: • CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” • 5 years earlier, had denied same lease to PP

  8. EVERGLADES: Rev.Prob.6F(B): Were L’s Reasons for Denying Consent Reasonable: Prior Rejection • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: • CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” • 5 years earlier, L had denied same lease to PP

  9. Rev.Prob.6F(B) & Reasonableness: Note on Yeshiva Univ. (Note 3 P706) • L wanted to exclude Planned Parenthood b/c of religious concerns re providing contraception • Language from case (“must be relevant to any Landlord”) suggests religious concerns not OK. • BUT also issue of inconsistent application by L • Birth control courses taught in Hospital run by L • So doesn’t look like bona fide religious concern • Asked if hospital courses were embarassment to L, official replied, “Well, they're in the Bronx."

  10. GLACIER: Rev.Prob.6G: Evidence of Discrimination Glacier Mountain Lion

  11. GLACIER: Rev.Prob.6G: Evidence of Discrimination • Possible Discriminatory Reasons for Rejection • Religion (Not Jewish Enough) • Inter-Racial or Inter-Faith Relationship • Israeli • Possible Non-Discriminatory Reasons? • Significance of SpecificFacts? • Rebecca Regularly wears Star of David • Chris wears an earring in the shape of a cross • Ben says “Black, Red, Green, Whatever. No Problem.” • Rebecca says “Part of the reason I left Israel is so I don’t have rabbis watching everything I do.”

  12. GLACIER: Rev.Prob.6G: Evidence of Discrimination • Other Evidence Supporting Discriminatory Reasons? • Other Evidence Supporting Non-Discriminatory Reasons? • Stronger Position Overall?Because?

  13. Chapter 7: Easements • Overview & Terminology • Interpreting Language • Easement v. Fee • Scope of Express Easements • Implied Easements • By Estoppel • By Prescription • By Implication and/or Necessity

  14. Chapter 7: Easements Overview & Terminology • Easement = Right to Use Land Owned by Someone Else for Specific Purpose (e.g., Right of Way) • Basic Background Info in Readings • Key Vocabulary: • Express v. Implied Easements • Positive v. Negative Easements • Appurtenant v. In Gross • Dominant Tenement (Holding) v. Servient Tenement

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