Landlord can bind you to new lease w/o signature if still around 2. Period Tenancy a) Unstable b) No specific end date but month to month like a lease c) Landlord or tenant can end tenancy with full cycle notice 3. Tenancy at will C. Eviction/Fines 1. Evictions a) Violate a lease condition (1) “a condition of the lease…”, “you can be evicted if…” (2) Illegal Activity (3) Being “Outrageous”-tough legal standard 2. Fines a) Violate lease condition b) Negligent damage D. Security Deposits 1. If leases identifies non-refundable deposit-okay 2. Negligent damage- with the exception of ordinary wear and tear a) In 30 days...all money or partial check with list of what they claim to repair b) After 30 days full claims court and sue for 3x security deposit E. Fixtures 1. Attach something to ceiling, walls, etc 2. Can make you pay 3. Can be made a legal part of the apartment if they like it 9/30 Lecture 8 I. TORTS INTRO A. Criminal- seeking to punish people on behalf of society B. Tort- claim not related to broken agreement 1. Lowest level of faults- Carelessly [negligence case] 2. Middle level of Fault- Recklessness- behaving in a dangerous way in which more likely someone will be harmed [intentional case] 3. Highest Level of Fault- Intentional [intentional case] C. 2 Basic Types of Case Rewards 1. Compensatory damages- normal damages a) gives plaintiff enough money to fully compensate the harm they suffered at hand of defendant b) Paying for harm 2. Punitive damages- a) punish a defendant for behaving badly b) paying as punishment c) No specific limits on how high it can go II. INTENTIONAL TORTS A. Defined very specifically B. Don't want people paying a lot if the crime not that bad 1. Assault- fear, afraid about to be victim of battery 2. Battery- harmful offensive bodily contact 3. Assault and Battery are independent but can happen together a) up to jury to evaluate case as a “reasonable person” b) “reasonable self-defense” not guilty 4.Defamation -lying about somebody that damages their reputation, character a)Untrue statement had to be heard or read by one other personb)Slander- spoken defamation
c)Libel- written, permanent record defamationd)Slander Per Se- spoken lies about committing crime, contagious illness, sexual history, or work performance (1) Ex: call for refrence to a boss and boss mixes truths and lies = defamation case C. Moore vs. Joseph 1. Mr. Moore killed at work by coworker a) Mr. Moore caught at previous job doing drugs and mishandling the elderly at nursing home 2. Job just confirmed facts but did not reveal past bad history 3. Ms.Moore pleaded company did not warn new company because its just facts to avoid cases as such- no legal responsibility to tell them III. NEGLIGENCE A. If defendants say any of the five things not true, win 10/5 Lecture 9 I. NEGLIGENCE A. Duty of Care- “level of responsibility” a person is supposed to have 1. 6 year old yanked chair from man but ruled “reasonable actions by a kid” 2. Legal duties, obligations, to visitors at your property a) Trespasser b) Social Guest- obligations to warn about hidden damages c) Business guest- keep safe from hidden damages whether aware or unaware B.
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- Spring '08
- A., B., Leb Leb323 Business Law