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Questions and Answers
What was the main question that arose regarding individual B's status?
Based on Worrell J's ruling, what was B considered to be?
How did Quan v Gonzales involve an agreement between the plaintiff and the defendant?
What was provided in the agreement between the plaintiff and defendant in Quan v Gonzales to aid the plaintiff in making a decision?
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What kind of arrangement characterized B's occupation of the land as per Worrell J?
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What was one of the key terms specified in the agreement between the plaintiff and defendant in Quan v Gonzales?
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Why did the landlord cut off the tenant's electricity supply?
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What legal concept was cited by the Jamaican Court of Appeal in relation to the disconnection of electricity by the landlord?
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Why did Fox JA dismiss the argument of two separate contracts between the landlord and tenant?
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How did Fox JA view the importance of electric current supply in relation to the rental agreement?
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What argument did the landlord present in defense of disconnecting the electricity from the tenant's room?
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Why did the Jamaican Court of Appeal consider the electricity disconnection a breach of an implied covenant?
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What type of agreement did the association enter into with the appellant?
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Why did the council refer the appellant to the association for accommodation?
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What factor did not determine if an occupier had exclusive possession of the premises?
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What did the appellant refuse from the council in September 1986?
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What did clause 5 of the License agreement state regarding the appellant's possession rights?
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What did the Law Commission propose regarding this remedy in Law Commission Report No. 194 (1991)?
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In St. Vincent and the Grenadines, what condition must be explicitly stated in the lease agreement for the remedy to be available?
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What is the timeframe within which distress must be levied according to common law in Trinidad and Tobago?
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What is a key responsibility of the landlord regarding the state of the goods during distress?
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Which of the following is NOT a limitation on distress as outlined in the text?
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In jurisdictions where distress is allowed, who usually holds the authority to distrain for arrears?
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What does the option agreement constitute?
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According to Luckhoo P in the case Caribbean Asbestos Products Ltd v Lopez (1974), what does an option grant when given for value?
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What happens if the lessor revokes their offer before the specified time in the option clause?
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In the context of an option agreement, what is meant by exercising the option?
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What could potentially happen if a lessor deals with the land in a way inconsistent with the right of the optionee to purchase it?
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What effect does accepting an option within the specified time have?
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Study Notes
Tenancy at Will vs. Licensee
- B was held to be a licensee, not a tenant at will, by Worrell J in a Barbados case, as his occupation of the land was based on a family arrangement.
- The distinction between a tenancy at will and a license is significant, as only a tenancy at will can lead to a possessory title under s 8 of the Limitation and Prescription Act, Cap 232, Laws of Barbados.
Quan v Gonzales (1966-69)
- The plaintiff was granted an option to purchase business premises for $75,000, payable by monthly installments, and was allowed to occupy the premises during the 5-year option period.
- The occupation was considered a license, not a tenancy, and the plaintiff did not acquire a possessory title.
Breach of Covenant for Quiet Enjoyment
- In a Jamaican case, the landlord's action of disconnecting the electricity supply was held to be a breach of the implied covenant for quiet enjoyment, despite being done off the premises.
- The court found that the parties had bargained on the footing that electric current should come into the premises, and this became a benefit incidental to the rental of the premises.
Family Housing Association v Jones (1990)
- The appellant was granted a license to occupy a two-roomed flat in exchange for an accommodation charge, but did not have exclusive possession of the premises.
- The association retained keys to the premises and could inspect the state of repair, which did not necessarily determine whether the agreement was a tenancy or a license.
Limitations on Distress
- Distress is a remedy available in some jurisdictions, subject to statutory provisions, which allows a landlord to seize and sell a tenant's goods to recover arrears.
- Limitations on distress include:
- The type of goods that can be levied (e.g., not perishable goods, tools of trade, or goods in use)
- The timing of distress (e.g., between sunrise and sunset, or on Sundays)
- Notification of the tenant and adherence to proper procedure
- The landlord's liability for the state of the goods and the requirement for secure impoundment
Option to Renew a Lease
- An option to renew a lease constitutes an irrevocable offer to sell and binds the lessor to not deal with the land in any way inconsistent with the optionee's right to purchase the land.
- If the option is accepted within the specified time, a contract of sale is made.
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Description
Explore a case involving an appellant who applied for housing as a homeless person and entered into an agreement with an association. Learn about the legal aspects and outcomes of the case.
