Question
Blitz owns a piece of commercial property on Middle Street which, in February 1998, he contracted to rent to Subklew beginning in May of that
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Blitz owns a piece of commercial property on Middle Street which, in February 1998, he contracted to rent to Subklew beginning in May of that year. The lease contract stated that Blitz would use his best efforts to obtain a written verification that Subklew can operate an auto sales and repair business at the property. The lease also stated the condition that if landlord is unable to obtain such commitment from the city, this agreement shall be null and void and landlord shall immediately return deposit monies to tenant. The zoning board gave approval of the property only use as a general repair business. Subklew then refused to occupy the property and demanded a return of the deposit monies.
The condition mentioned above is a:
Concurrent condition
Condition subsequent
Condition precedent
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National Bank rents a home near the Country Club on the shore of North Carolina for $75,000 a week to entertain business guests at the Ryder Cup golf matches scheduled for the week in question. Storm damage from a hurricane the week before the event caused the closing of the course and the transfer of the tournament to another location in a different state. Both parties were aware of the purpose of the rental, and the cancellation of the golf tournament was unforeseeable. The banks duty to pay for the house will most likely be excused by which of the following:
Discharge by impossibility
Commercial impracticability
Frustration of purpose
Blitz owns a piece of commercial property on Middle Street which, in February 1998, he contracted to rent to Subklew beginning in May of that year. The lease contract stated that Blitz would use his best efforts to obtain a written verification that Subklew can operate an auto sales and repair business at the property. The lease also stated the condition that if landlord is unable to obtain such commitment from the city, this agreement shall be null and void and landlord shall immediately return deposit monies to tenant. The zoning board gave approval of the property only use as a general repair business. Subklew then refused to occupy the property and demanded a return of the deposit monies.
The condition mentioned above is a:
Concurrent condition | ||
Condition subsequent | ||
Condition precedent |
National Bank rents a home near the Country Club on the shore of North Carolina for $75,000 a week to entertain business guests at the Ryder Cup golf matches scheduled for the week in question. Storm damage from a hurricane the week before the event caused the closing of the course and the transfer of the tournament to another location in a different state. Both parties were aware of the purpose of the rental, and the cancellation of the golf tournament was unforeseeable. The banks duty to pay for the house will most likely be excused by which of the following:
Discharge by impossibility | ||
Commercial impracticability | ||
Frustration of purpose |
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