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Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
In California, the California Supreme Court defines constructive discharge as follows: "in order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or ...
Once an instrument affecting the title to real estate has been recorded, the law holds that everyone is deemed to know of its existence, even if they have not searched the records in the recorder's office. This is the doctrine of "constructive notice" and it is nearly universal in the various states of the U.S. So, for example, after a deed or ...
Robert S. Kelner and Gail S. Kelner[/caption] It is well settled that landowners have a duty to keep their premises in a reasonably safe condition considering all the circumstances.
To prove that you’re using your own money for the down payment, lenders expect you to share your past two months of bank statements, and if needed, proof of where the funds originated.
An Appellate Court panel wrote that the plaintiff "did not allege the consequences that may have befallen him by performing the duties to which he was assigned."
Under the common law, the mere existence of a lawsuit potentially affecting the title to real property had the legal effect of putting the entire world on constructive notice of the suit; [6] anyone acquiring an interest in real property which was the subject of a pending suit took that interest subject to the litigants' rights as they might be ...
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract [1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation ...