Essay Section
Property l
Professor Bernhardt
Page 1 of 1
Part II
1. This part constitutes 1/3 of the exam. There is one essay question which you must
answer.
2. Read the facts carefully. Answers based on incorrect facts are treated as incorrect
answers. If you think that important facts are missing or ambiguously stated, make reasonable
and explicit assumptions about them. Do not make assumptions that make the entire problem
vanish! Abbreviate where appropriate. Write legibly. I will not read illegible answers.
***
Harry & Wanda own a vacation home in Southern California, but they no longer use it. They hold
title to it as "Harry and Wanda, husband and wife." Last year, Harry ran short of funds and so, without telling
Wanda, he leased the home to Tom for a three year term for $1000 per month. The lease restricted the
premises to residential use and also required Harry's consent to any transfer by Tom.
A few months later - without telling Harry - Tom transferred the premises to Alan. Tom and Alan
signed a document which stated: "Tom hereby sublets the premises to Alan for the balance of Tom's lease
term with Harry; Alan agrees to pay Tom $1200 per month, and to honor the covenants in Tom's lease with
Harry. " However, shortly after that, Alan converted the residence into a coffee house and began missing rent
payments, which led to Tom's not paying Harry.
Harry has spoken to Tom and Alan about this. Tom claims he is not in breach of the lease
because it is unenforceable since Wanda never signed it, as she was required to do. He says the lease is off
for that reason and that Harry owes him his security deposit back.
Alan says that the provisions in Harry's lease bind Tom, but not him, since he never signed that
lease. He says only Tom can go after him.
Harry comes to you for advice. He wants to know what remedies he has against Tom or Alan. He
hasn't told Wanda any of this and wants to know if telling her and having her join in will help his case against
Tom or Alan?
(Note, notice that I have not asked you about any remedies Tom and Alan may have
against each other; those are not questions you need to answer.)