#T3BE 212 - Early Answer for Patrons
Added 2021-02-02 00:00:02 +0000 UTCThomas picked (D), but the correct answer was (A), meaning that he's now 114-for-212 (53.8%).
Comments
I don't agree with the test administrators that constructive eviction requires *actually* abandoning the premises but I do agree it's not present here.
Opening Arguments
2021-02-02 22:48:02 +0000 UTCThats really...interesting.. so someone has to actually abandon the premises (and all of their equipment she installed) to have recourse against a landlord sabotaging her business? That seems like nonsense. I guess its the bar exam, but I feel like its a trick question since it doesn't clarify what duties a landlord has in a commercial agreement. Sure it may have a different level of expectation than a residential one, but that doesn't mean a commercial landlord has NO expectation. According to the reasoning here, there is no recourse for any tenant unless they actively leave the property and abandon their business. It even says in the response that a landlord can't make a place unusuable which you could argue they did by refusing to fix the cooling unit. Boo and hiss and Thomas should totally get points on this one
Jason Benell
2021-02-02 20:02:35 +0000 UTC
