LPL4801-notes - summary notes 2022

LPL4801-notes - summary notes 2022 LPL401 8 ! " #$ % Introduction to the contract of lease 1. Explain the relationship between the general principles of contract and specific contracts 2. Explain how and why contracts are assigned to different classes (types) 3. Set out the essentialia of a contract 4. Set out the naturalia of a contract #$ % Definition and essential elements 5. Define a contract of lease 6. Set out the requirements for a valid contract 7. Set out the essential elements of a contract of lease #$ &% Legality of contracts of lease 8. Explain the general principle of legality 9. Explain what an “illegal lease” means 10. Explain the effect of illegality 11. Explain the 12. Explain the rule 13. Explain the relaxation of the rule #$ % The obligations of the lessor 14. Set out the different obligations of the lessor 15. Understand that failure to fulfill an obligation is a form of breach of contract by the lessor, andable to identify the form of breach of contract and set out the relevant remedies available to thlessee #$ '% The lessor must deliver the thing 16. Explain the lessor's obligation to deliver the leased thing and the remedies available to the lesshould the lessor fail #$ (% The lessor may not disturb the tenant in his possession the duty to give undisturbed and enjoyment ( ) 17. Explain the lessor's duty to give commodus usus 18. Explain the content of commodus usus 19. Briefly set out the facts of any relevant prescribed cases, the decisions in such cases and the reasons for such decisions 20. Apply the rules discussed here, and any relevant prescribed cases to practical problems #$ )% The lessor must deliver the thing in a specific condition and maintain it thus 21. Explain the lessor's obligation to deliver the leased thing in a specific condition 22. Explain the lessor's obligation to maintain the leased thing in the specific condition during the currency of the lease 23. Explain whether this duty is a contractual duty or an ex lege warranty 24. Explain and apply the remedies available to the lessee where the lessor breaches his or her obligation #$ % The landlord must guarantee the tenant against eviction 25. Explain the lessee's rights against a landlord where the lessee is evicted 26. Explain the lessee's