In Automobile Supply Co. v. Scene-in-Action, Scene rented a commercial space from Automobile. Soon after Scene took possession of the premises, the heat started malfunctioning for hours at a time, with the temperature dropping to below 50 degrees. After numerous employees stopped coming to work due to cold and illness, Scene moved out, claiming:

Question

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Scene claimed constructive eviction because it was denied a habitable premises and denied the beneficial use of the premises.