Rights and obligations of tenants and landlords

Вопросник (темы) для экзамена для 2 курса ИЭП Legal English.

(ILE Units 9, 10,11,15)

Standard terms and conditions in sale of goods contracts

Warranties and breach of warranty, e.g. fitness for purpose

Different warranties play a major role in the sale of goods. Implied warranties are such warranties which don’t need to be expressed but which the law implies. Some of these types of warranties would include warranties of title, fitness for a particular purpose, and quality or merchantability. Many times the application of the latter two types of warranties depends upon the type of sale (for example sales by sample) and whether the seller is a merchant acting in the course of business. Express warranties are warranties which are specifically stated either in writing or orally, as the case may be. Under many statutory provision, an express warranty cannot negate an implied warranty of the relevant legislation. A common feature of legislation governing the sale of goods is to restrict the ability to limit warranty liability through exclusion or disclaimer in the contract.

3. Buying and selling commercial property – freehold, leasehold

Rights and obligations of tenants and landlords

The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing.

(a). Where the landlord provides a service or facility to the tenant that is reasonably related to the tenant's continued use and enjoyment of the premises such as, but not as to restrict the generality of the foregoing, heat, water, electric power, gas,appliances, garbage collection, sewers or elevators, the landlord shall not discontinue providing that service.

A tenant shall conduct him/herself in such a manner as not to interfere with the

possession or occupancy of other tenants.

The tenant shall be responsible for the ordinary cleanliness of the interior of the

premises and for the repair of damage caused by wilful or negligent act of the tenant or of any person whom the tenant permits on the premises.

The tenant may assign, sub-let or otherwise part with possession of the premises

subject to the consent of the landlord which consent will not arbitrarily or

unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent.

If the tenant abandons the premises or terminates the tenancy otherwise than in the

manner permitted, the landlord shall mitigate any damages that may be caused by

the abandonment or termination to the extent that a party to a contract is required

by law to mitigate damages.

Except in the case of an emergency, the landlord shall not enter the premIses

without the consent of the tenant unless:

(a) notice of the termination of the tenancy has been given and the entry is at a

reasonable hour for the purposes of exhibiting the premises to prospective tenants

or purchasers;

or

(b) the entry is made during daylight hours and written notice of the time of the

entry has been given to the tenant at least twenty-four hours in advance of the

entry.

Except by mutual consent, the landlord or the tenant shall not during occupancy

by the tenant under the tenancy alter or cause to be altered the lock or locking

system on any door that gives entry to the premises.

Commercial leases

3 Copyright and patents; design rights; trade marks and domain names’

Branding