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LOGISTICS • On Course Page: General Final Exam Info, Office Hours, Review Session Times, LOGISTICS • On Course Page: General Final Exam Info, Office Hours, Review Session Times, etc. • Registration: – Remember to Check System Before Registration Time for Seats Remaining in Courses – More Business Associations Seats Being Added – I’ll Be Here Today Until 6 pm & Tomorrow from 8 am • Boston

Review Problem 6 F(S 152) Opinion/Dissent • State Supreme Court in Prior Case: – Review Problem 6 F(S 152) Opinion/Dissent • State Supreme Court in Prior Case: – Where Commercial Lease Required Landlord’s Consent to Transfer, the Landlord could not withhold consent Unreasonably; – Did not rule on whether T could expressly waive this reasonableness requirement • Lease Here: “Tenant may not transfer its interest in this lease without permission of the Landlord, which permission maybe withheld for any reason at all. ”

Review Problem 6 F(S 152) Opinion/Dissent Two Issues: (A) Is Reasonableness Requirement Waivable? (DENALI Review Problem 6 F(S 152) Opinion/Dissent Two Issues: (A) Is Reasonableness Requirement Waivable? (DENALI Today) (B) If Not, Were L’s Reasons for Denying Consent Reasonable (EVERGLADES Tomorrow)

DENALI: Rev. Prob. 6 F(A): Is Reasonableness Requirement re Consent to Transfer Waivable? Denali DENALI: Rev. Prob. 6 F(A): Is Reasonableness Requirement re Consent to Transfer Waivable? Denali Caribou

EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable? EGRET IN EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable? EGRET IN MANGROVE SWAMP

EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable? • L EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable? • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: 1. CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” 2. 5 years earlier, had denied same lease to PP • Task: Should provide substantive arguments for and against each of the two reasons at issue – Could choose to follow cases we read, (e. g. , Funk limiting to economic Qs) but need to defend choice – Could try to craft new general rules, then follow

EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable: Political Differences EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable: Political Differences • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: 1. CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” 2. 5 years earlier, had denied same lease to PP

EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable: Prior Rejection EVERGLADES: Rev. Prob. 6 F(B): Were L’s Reasons for Denying Consent Reasonable: Prior Rejection • L refuses T attempt to transfer lease rights to PP; “no problem” w financial credentials BUT: 1. CEO of PP was “outspoken public advocate” of political positions L “sharply disagreed with” 2. 5 years earlier, L had denied same lease to PP

Rev. Prob. 6 F(B) & Reasonableness: Note on Yeshiva Univ. (Note 3 P 706) Rev. Prob. 6 F(B) & Reasonableness: Note on Yeshiva Univ. (Note 3 P 706) • L wanted to exclude Planned Parenthood b/c of religious concerns re providing contraception • Language from case (“must be relevant to any Landlord”) suggests religious concerns not OK. • BUT also issue of inconsistent application by L – Birth control courses taught in Hospital run by L – So doesn’t look like bona fide religious concern – Asked if hospital courses were embarassment to L, official replied, “Well, they're in the Bronx. "

GLACIER: Rev. Prob. 6 G: Evidence of Discrimination Glacier Mountain Lion GLACIER: Rev. Prob. 6 G: Evidence of Discrimination Glacier Mountain Lion

GLACIER: Rev. Prob. 6 G: Evidence of Discrimination • Possible Discriminatory Reasons for Rejection GLACIER: Rev. Prob. 6 G: Evidence of Discrimination • Possible Discriminatory Reasons for Rejection – Religion (Not Jewish Enough) – Inter-Racial or Inter-Faith Relationship – Israeli • Possible Non-Discriminatory Reasons? • Significance of Specific Facts? – Rebecca Regularly wears Star of David – Chris wears an earring in the shape of a cross – Ben says “Black, Red, Green, Whatever. No Problem. ” – Rebecca says “Part of the reason I left Israel is so I don’t have rabbis watching everything I do. ”

GLACIER: Rev. Prob. 6 G: Evidence of Discrimination • Other Evidence Supporting Discriminatory Reasons? GLACIER: Rev. Prob. 6 G: Evidence of Discrimination • Other Evidence Supporting Discriminatory Reasons? • Other Evidence Supporting Non-Discriminatory Reasons? • Stronger Position Overall? Because?

Chapter 7: Easements 1. Overview & Terminology 2. Interpreting Language a. b. Easement v. Chapter 7: Easements 1. Overview & Terminology 2. Interpreting Language a. b. Easement v. Fee Scope of Express Easements 3. Implied Easements a. b. c. By Estoppel By Prescription By Implication and/or Necessity

Chapter 7: Easements Overview & Terminology • Easement = Right to Use Land Owned Chapter 7: Easements Overview & Terminology • Easement = Right to Use Land Owned by Someone Else for Specific Purpose (e. g. , Right of Way) • Basic Background Info in Readings • Key Vocabulary: – Express v. Implied Easements – Positive v. Negative Easements – Appurtenant v. In Gross – Dominant Tenement (Holding) v. Servient Tenement