The landlord would be obligated to rectify the floor as the covenant to maintain the premises in good repair would require him to do so.Whether the landlord would be in breach of this duty after being prepared to fix the floor is a matter of engineering requirements,not one of whether the tenant is satisfied with the manner in which the task would be performed.The suggestion that the tenant hand back the keys amounts to repudiation by the landlord,and the tenant doing so completes surrender,or termination,of the lease.The most likely outcome would be dismissal of both the claim and counter-claim.
Based on Ng v.Au (November 3,1992),Doc.Regina 3317/91 (Sask.Q.B. ),selected for reporting in R.P.R.
-Distinguish between the terms "trademark" and "trade name." Give an example of each.

Question

Quizplus · Accepted Answer

The Answer of The landlord would be obligated to rectify the floor as the covenant to maintain the premises in good repair would require him to do so.Whether the landlord would be in breach of this duty after being prepared to fix the floor is a matter of engineering requirements,not one of whether the tenant is satisfied with the manner in which the task would be performed.The suggestion that the tenant hand back the keys amounts to repudiation by the landlord,and the tenant doing so completes surrender,or termination,of the lease.The most likely outcome would be dismissal of both the claim and counter-claim.
Based on Ng v.Au (November 3,1992),Doc.Regina 3317/91 (Sask.Q.B. ),selected for reporting in R.P.R.
-Distinguish between the terms "trademark" and "trade name." Give an example of each.

The Landlord Would Be Obligated to Rectify the Floor as the Covenant