Halibert Cuming owns several commercial building that she leases to business, on
ID: 470752 • Letter: H
Question
Halibert Cuming owns several commercial building that she leases to business, one of which is a restaurant. The lease states that tenants are responsible for securing all necessary insurance policies but the landlord is obligated to keep the buildings in good repair. The owner of the restaurant, Jack Samson, tells his restaurant manager to purchase insurance, but the manager never does so Cuming tells her son-in-law, Sam Dimmore, to perform any necessary maintenance for the buildings. Dimmore knows that the ceiling in the restaurant needs repair but fails to so anything about it. One day a customer, Ian Fleming, is dining in the restaurant when a chunk of the ceiling falls on his head and fractures his skull. Fleming then files suit against Cuming, arguing that he is an intended third party beneficiary of the lease provision requiring insurance and thus can sue Cuming for failing to enforce the lease (which requires the restaurant to carry insurance).Using this information and information in the textbook, answer the following questions:
1.Can Cuming delegate her duty to maintain the building to Dimmore? Why or why not?
2.Who can be held liable for Dimmore’s failure to fix the ceiling? Cuming or Dimmore?
3.Was Fleming an intended third party beneficiary of the lease between Cuming and Samson? Why or why not?
4.Suppose that Cuming tells Dan Builtmore, a local builder to whom she owes $50,000, that he can collect the rents from the buildings’ tenants until the debt is satisfied. Is this a valid assignment? Why or why not?
Explanation / Answer
Can Cuming delegate her duty to maintain the building to Dimmore? Why or why not
Cuming may delegate her duty to maintain the building to Dimmore however the liabilities will continue to be with Cuming and legally she is only responsible for it as per the lease agreement and ownership deed.
Who can be held liable for Dimmore’s failure to fix the ceiling? Cuming or Dimmore
As the duty was assigned to Dimmore to complete the repairing however he failed to do so clearly however, it was Cuming’s duty to do a check post completion if the job assigned was completed with due diligence and the same was not done by Cuming hence both are liable for the failure.
Was Fleming an intended third party beneficiary of the lease between Cuming and Samson? Why or why not
Yes Fleming was third party beneficiary, as per third party insurance policy however since the same was not purchased by restaurant manager and as per lease agreement it should have been taken by the restaurant owner hence Fleming was an intended beneficiary.
.Suppose that Cuming tells Dan Builtmore, a local builder to whom she owes $50,000, that he can collect the rents from the buildings’ tenants until the debt is satisfied. Is this a valid assignment? Why or why not?
Assignment of rent collection to Dan Builtmore is valid by virtue of completion of task however as per the agreement tenants are liable to pay the rent only to the owner as per tenant law and hence the same should be executed only by Cuming.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.