Friday, February 10, 2012

Paradine v. Jane case brief

Paradine v. Jane


FACTS
-Alien army invades P’s rented land, expels him, and P could not take profits thereof.  
-P was behind on rents for the 3 year term.


ISSUE
-Should the P be required to pay rents on land that he was expelled from and not able to procure profits from?



HOLDING
-The P ought to pay his rent.


RULES
-There is an implied covenant to pay rent by the tenant to the landlord.

-The landlord, likewise, has a covenant which is the covenant of quiet enjoyment.  This is a promise not to interfere with the tenant’s possession of land during the term of the lease.


APPLICATION
-The court stated that as the P had the advantage of casual profits, he should also run the hazard of casual losses.  
-Rent rises out of the land, there is a duty to pay rent even if the land itself is dangerous.

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