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MMLU / A farmer owned a 40-acre tract of farmland located in a small southern town. The…

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question

A farmer owned a 40-acre tract of farmland located in a small southern town. The farmer leased the property and building thereon to a tenant for a term of seven years commencing on February 15, 2000 and terminating at 12:00 noon on February 15, 2007. The lease contained the following provision:"Lessee covenants to pay the rent of $5,000 per month on the 15th day of each month and to keep the building situated upon said leased premises in as good repair as it was at the time of said lease until the expiration thereof. " The lease also contained a provision giving the tenant the option to purchase 10 acres of the tract for $150,000 at the expiration of the lease term. Before the lease was executed, the farmer orally promised the tenant that he (the farmer) would have the 10-acre tract surveyed. During the last year of the lease, the tenant decided to exercise the option to purchase the 10 acres of the tract. Without the farmer's knowledge, the tenant began to build an irrigation ditch across the northern section of the property. When the tenant notified the farmer that he planned to exercise the option, the farmer refused to perform. The farmer also informed the tenant that he never had the 10-acre tract surveyed. If the tenant brings suit for specific performance, which of the following is the farmer's best defense?
Plain-text mathematical notation (without MathML)
A farmer owned a 40-acre tract of farmland located in a small southern town. The farmer leased the property and building thereon to a tenant for a term of seven years commencing on February 15, 2000 and terminating at 12:00 noon on February 15, 2007. The lease contained the following provision:"Lessee covenants to pay the rent of $5,000 per month on the 15th day of each month and to keep the building situated upon said leased premises in as good repair as it was at the time of said lease until the expiration thereof. " The lease also contained a provision giving the tenant the option to purchase 10 acres of the tract for $150,000 at the expiration of the lease term. Before the lease was executed, the farmer orally promised the tenant that he (the farmer) would have the 10-acre tract surveyed. During the last year of the lease, the tenant decided to exercise the option to purchase the 10 acres of the tract. Without the farmer's knowledge, the tenant began to build an irrigation ditch across the northern section of the property. When the tenant notified the farmer that he planned to exercise the option, the farmer refused to perform. The farmer also informed the tenant that he never had the 10-acre tract surveyed. If the tenant brings suit for specific performance, which of the following is the farmer's best defense?
Original LaTeX notation
A farmer owned a 40-acre tract of farmland located in a small southern town. The farmer leased the property and building thereon to a tenant for a term of seven years commencing on February 15, 2000 and terminating at 12:00 noon on February 15, 2007. The lease contained the following provision:"Lessee covenants to pay the rent of $5,000 per month on the 15th day of each month and to keep the building situated upon said leased premises in as good repair as it was at the time of said lease until the expiration thereof. " The lease also contained a provision giving the tenant the option to purchase 10 acres of the tract for $150,000 at the expiration of the lease term. Before the lease was executed, the farmer orally promised the tenant that he (the farmer) would have the 10-acre tract surveyed. During the last year of the lease, the tenant decided to exercise the option to purchase the 10 acres of the tract. Without the farmer's knowledge, the tenant began to build an irrigation ditch across the northern section of the property. When the tenant notified the farmer that he planned to exercise the option, the farmer refused to perform. The farmer also informed the tenant that he never had the 10-acre tract surveyed. If the tenant brings suit for specific performance, which of the following is the farmer's best defense?

choices

  1. The option agreement was unenforceable under the parol evidence rule.
  2. The farmer's failure to survey the 10-acre tract excused him from further obligations under the contract.
  3. The description of the property was too indefinite to permit the remedy sought.
  4. The option was unenforceable because it lacked separate consideration.

subject

professional_law

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