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A landlord is the owner in fee simple of a tract of land on which is situated a large office building. The landlord leases the land and building thereon to a tenant for a term of seven years, commencing on August 1, 2001, and terminating at midnight on July 31, 2008. The lease contains the following provisions"(1) The tenant covenants to keep the building on the leased premises insured against fire in the amount of $100,000. "After three years of the lease had expired, the tenant assigned the entire balance of the lease period to a doctor, who took immediate possession of the leased property. Then in 2005, the doctor assigned his leasehold interest to a dentist. The dentist went into possession, but failed to pay any rent for two months. Soon afterwards, a fire spread from an adjoining building to the leased property, completely destroying the building thereon. While the tenant was in possession of the leased property, he carried a fire insurance policy on the premises in the amount of $100,000. However, the tenant allowed the policy to lapse after his assignment to the doctor. The doctor did carry insurance on the leased building, but only in the amount of $50,000. When the dentist took possession of the building, he did not obtain any fire insurance. The landlord learned that the building was not insured at the time of the fire as per the original agreement. In an action by the landlord against the tenant to recover for the fire loss, the landlord will most probably
Plain-text mathematical notation (without MathML)
A landlord is the owner in fee simple of a tract of land on which is situated a large office building. The landlord leases the land and building thereon to a tenant for a term of seven years, commencing on August 1, 2001, and terminating at midnight on July 31, 2008. The lease contains the following provisions"(1) The tenant covenants to keep the building on the leased premises insured against fire in the amount of $100,000. "After three years of the lease had expired, the tenant assigned the entire balance of the lease period to a doctor, who took immediate possession of the leased property. Then in 2005, the doctor assigned his leasehold interest to a dentist. The dentist went into possession, but failed to pay any rent for two months. Soon afterwards, a fire spread from an adjoining building to the leased property, completely destroying the building thereon. While the tenant was in possession of the leased property, he carried a fire insurance policy on the premises in the amount of $100,000. However, the tenant allowed the policy to lapse after his assignment to the doctor. The doctor did carry insurance on the leased building, but only in the amount of $50,000. When the dentist took possession of the building, he did not obtain any fire insurance. The landlord learned that the building was not insured at the time of the fire as per the original agreement. In an action by the landlord against the tenant to recover for the fire loss, the landlord will most probably
Original LaTeX notation
A landlord is the owner in fee simple of a tract of land on which is situated a large office building. The landlord leases the land and building thereon to a tenant for a term of seven years, commencing on August 1, 2001, and terminating at midnight on July 31, 2008. The lease contains the following provisions"(1) The tenant covenants to keep the building on the leased premises insured against fire in the amount of $100,000. "After three years of the lease had expired, the tenant assigned the entire balance of the lease period to a doctor, who took immediate possession of the leased property. Then in 2005, the doctor assigned his leasehold interest to a dentist. The dentist went into possession, but failed to pay any rent for two months. Soon afterwards, a fire spread from an adjoining building to the leased property, completely destroying the building thereon. While the tenant was in possession of the leased property, he carried a fire insurance policy on the premises in the amount of $100,000. However, the tenant allowed the policy to lapse after his assignment to the doctor. The doctor did carry insurance on the leased building, but only in the amount of $50,000. When the dentist took possession of the building, he did not obtain any fire insurance. The landlord learned that the building was not insured at the time of the fire as per the original agreement. In an action by the landlord against the tenant to recover for the fire loss, the landlord will most probably

choices

  1. recover, because in accordance with the Rule in Spencer's Case, the covenant to maintain fire insurance would "touch and concern" the land.
  2. recover, because the tenant's obligation to maintain fire insurance did not terminate after his assignment to the doctor.
  3. not recover, because the covenant to provide fire insurance did not run with the land.
  4. not recover, because the dentist, as assignee, would be liable for the fire loss.

subject

professional_law

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Source and history

task_id
a240472b-5571-565e-a4a1-c1ab190854b5
task_key
all--test--a240472b-5571-565e-a4a1-c1ab190854b5
task_revision_id
1
config / split
all / test

Official source

initial import