Sunday, March 24, 2013

Borders v. Roseberry case brief

Borders v. Roseberry case brief summary
532 P.2d 1366 (Kan. 1975)
Further help with understanding the Law of Torts

SYNOPSIS: Plaintiff appealed from the order of the Miami District Court (Kansas) which stated that as a matter of law a landlord of a single-family house is under no obligation or duty to a social guest of his tenant to repair or remedy a known condition.

-Plaintiff slipped and fell on the leased residential premises belonging to defendant.
-Plaintiff claimed that defendant had an obligation to him as a social guest of tenant to repair any known defect on the property.
-The trial court found for defendant, and, on appeal, the court affirmed.

The court held from the factual circumstances, it could not be established that the defendant was liable on the basis of negligent repairs made by him.

It could be assumed that the tenant would warn the plaintiff of defective conditions on the property.

-When land is leased to a tenant, the law of property regards the lease as equivalent to a sale of the premises for the term.
-The lessee acquires an estate in the land, and becomes for the time being the owner and occupier, subject to all of the responsibilities of one in possession, both to those who enter onto the land and to those outside of its boundaries.
-That in the absence of agreement to the contrary, the lessor surrenders both possession and control of the land to the lessee, retaining only a reversionary interest; and he has no right even to enter without the permission of the lessee.
-There is therefore, as a general rule, no liability upon the landlord, either to the tenant or to others entering the land, for defective conditions existing at the time of the lease.

OUTCOME: The court affirmed a judgment in defendant's favor because it could be assumed that the tenant would warn the plaintiff of defective conditions on the property.

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