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SUBJECT : LAW OF COMMERCIAL OBLIGATIONS COVENANTS Explain the difference between a positive and negative covenant. Who is the covenantee and who is the covenantor?

SUBJECT : LAW OF COMMERCIAL OBLIGATIONS

COVENANTS

  1. Explain the difference between a positive and negative covenant. Who is the covenantee and who is the covenantor?
  2. Is it desirable that the use of land should be restricted by private agreement?
  3. What requirements must be fulfilled before the benefit of a covenant runs with the land at law?
  4. Can a covenant be registered on title. What is the effect of registration? (is it indefeasible)
  5. Can a covenant be extinguished by the Court or the Registrar general of Lands?
  6. What remedies are there for breach of a covenant?

EASEMENTS

  1. What is an Easement?
  2. What is meant by the principle that an easement requires a dominant and servient tenement?
  3. What is the difference between an easement and a licence?
  4. How many different type of easement are in the following image?
  5. What type of ease easement is this, explain who would typically be granted this type of easement.
  6. Discuss the formalities in the creation of Easements by Express reservation?

LICENSES

  1. What is a Licence?
  2. What are the three most common types of licence, give brief examples?
  3. If you but a ticket to Splendor In the Grass 2022, being held at North Byron Parkland in July 2022:
    1. what type of licence is this?
    2. what does it entitle you to do?
    3. Can it be revoked?
    4. If your ticket assignable/resellable?
  4. What is a profit prendre?
  5. What are the features of a Retail Lease; and what is the statutory definition in NSW?
  6. What is a Commercial Lease?
  7. What Are the Differences Between a Retail Lease and a Commercial Lease?

LEASES

  1. Define a Leasehold Interest?
  2. What are the requirement for leasing land under Torren legislation in NSW?
  3. What happens if there is a failure to register the lease?
  4. What are the four types of leasehold interest in land?
  5. What is a Ground lease?
  6. Can a residential tenant be penalised for breaking a fixed term lease early?
  7. Can a residential tenant break a fixed-term agreement without penalty?
  8. What are the three classification of Leases Based on Use and Type of Premises?

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