BarBri Bar Review Hangout - July 2015 Exam Forum

[charlesxavier]

Franzese didn't address this in her lecture, but it's correct. For the burden of a real covenant to run, there's only vertical privity if the entire balance of the interest is transferred. For the benefit to run, there's vertical privity if any amount of the interest is transferred. I don't know how this intersects with the question about covenants in leases.

Okay I'll make up an example to illustrate my question a little better.

"A" conveys property to "B." In the deed, A includes a covenant that B shall not BBQ on his property because the smoke bothers A.

B sublets his property to "C." B doesn't say anything to C about the restriction on BBQing. C decides to host a BBQ. A wants to prevent C from doing this. What does A do?

First, I don't think B would be "subletting" here because, under your facts, B isn't a tenant. He owns the land in fee simple. So, this is a regular real covenant/equitable servitude question. I'll answer the rest of your question as if B is leasing to C. This can't be enforced against C as a real covenant (so, no damages against C). This is because there's no vertical privity for the burden, so the burden doesn't run to C (because B didn't transfer the entire remaining durational interest in the property to C). But I think A could still enforce this as real covenant against B, and get damages from B.

Or, if A just wants an injunction, then you see whether it meets the requirements for an equitable servitude. For the burden to be enforceable as an ES, the covenant must be in writing, it must be intended to run against successors; it must touch and concern the land; and the successor must have notice (actual, inquiry, or record). For the benefit to run, you need a writing, intent, and touch and concern. There's a writing here (the deed), courts usually presume intent to run, it definitely touches and concerns the land. The only question is whether C had notice of the covenant. I'm not 100% positive is lessees are held to have record notice of covenants in deeds in the chain of title. Does anyone know? If so, then C has record notice.

I think those are the correct options. I'm also pretty sure that record notice is sufficient.

[musicfor18]

I'm not 100% positive is lessees are held to have record notice of covenants in deeds in the chain of title. Does anyone know? If so, then C has record notice.

I think those are the correct options. I'm also pretty sure that record notice is sufficient.

The only reason I'm not sure if lessees are held to record notice is because I don't think of people who are renting doing title searches.

[rhs100]

Omg WTH - whenever I do contract formation essays, I end up writing the whole offer acceptance and the whole nine yards and then possible applicable defenses, rushing at the end to finish the other parts - only to find out that the model answer only talks about ONE defense, like SOF. Not even mention K formation requires offer acceptance consideration. I don't know how to gauge when I should talk about those and when I shouldn't. Many of the sample answers online always has those included. Anyone has any thoughts?

[Tiago Splitter]

Omg WTH - whenever I do contract formation essays, I end up writing the whole offer acceptance and the whole nine yards and then possible applicable defenses, rushing at the end to finish the other parts - only to find out that the model answer only talks about ONE defense, like SOF. Not even mention K formation requires offer acceptance consideration. I don't know how to gauge when I should talk about those and when I shouldn't. Many of the sample answers online always has those included. Anyone has any thoughts?

I think you always want to toss it in there. If the essay Q says "they formed a valid contract" and then goes off in to some whole other area I wouldn't spend a lot of time defining what an offer is or determining whether there was consideration, but it won't hurt you to do a quick overview of a valid formation.

[Lawlawpalooza]

In case any of you know as little about trusts as I do, this terrible acronym is really helping me out. (Not that anyone needs another.)

Delta Rest BIV
De Delivers
LT Legal Title of
aResT a Res to a Trustee
BIV for the Benefit of beneficiaries with Immediate Intent for Valid Purpose

A settlor delivers legal title of a res to the trustee for the benefit of beneficiaries with intent to create a trust for a valid public purpose to take effect immediately.

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

[robinhoodOO]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

[victortsoi]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

seriously thats insane. What has happened in the past for these kinds of situations?

[charlesxavier]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

My god. If you can't find anything closer where you won't get murdered look at the Golden Lamb in Lebanon--it's 25 minutes away. I think it still has room and a bunch of presidents have stayed there and seems to have free wifi.

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

seriously thats insane. What has happened in the past for these kinds of situations?

This has like never happened. The bar exam has been in Columbus every single year and its huge out there. Impossible not to find a hotel room. This is the first time they've ever had it outside of Columbus and there's literally no hotel space to accommodate. They suggested that I stay an hour and a half away from the site. Lol it was the closest they could find. No thanks i'd sleep in my car before I drive that far back and forth for three days

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

[Lawlawpalooza]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

This is just terrible. I'm sorry bro

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

My god. If you can't find anything closer where you won't get murdered look at the Golden Lamb in Lebanon--it's 25 minutes away. I think it still has room and a bunch of presidents have stayed there and seems to have free wifi.

I'll give them a call. Hotels.com said that there was nothing closer than an hour to an hour and a half away when I called them. Thanks

[charlesxavier]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

It's all a little suspicious. It's out in the middle of nowhere but the Governor gave this year's "State of the State" address there and now the bar exam is there? I booked minutes after they announced the location and I had a hard time finding anything. Up until March--or whenever they announced it I thought I was going to be driving 10 minutes to take it in the convention center...surrounded by dozens of hotels and restaurants.

[charlesxavier]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

Which hotel?

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

It's all a little suspicious. It's out in the middle of nowhere but the Governor gave this year's "State of the State" address there and now the bar exam is there? I booked minutes after they announced the location and I had a hard time finding anything. Up until March--or whenever they announced it I thought I was going to be driving 10 minutes to take it in the convention center...surrounded by dozens of hotels and restaurants.

I literally had a reservation in Columbus before they announced it would be in Wilmington. Remember how long it took them to finally say where it was going to be?? The minute I got the email the hotel attached to the convention center was completely booked. Then I got lucky and found a hotel five minutes away. Made my reservation in February! and it took them three days before the exam to tell me they overbooked? Ridiculous

[cmc_jd]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

Which hotel?

Hampton Inn and Suites Wilmington

[rhs100]

Omg WTH - whenever I do contract formation essays, I end up writing the whole offer acceptance and the whole nine yards and then possible applicable defenses, rushing at the end to finish the other parts - only to find out that the model answer only talks about ONE defense, like SOF. Not even mention K formation requires offer acceptance consideration. I don't know how to gauge when I should talk about those and when I shouldn't. Many of the sample answers online always has those included. Anyone has any thoughts?

I think you always want to toss it in there. If the essay Q says "they formed a valid contract" and then goes off in to some whole other area I wouldn't spend a lot of time defining what an offer is or determining whether there was consideration, but it won't hurt you to do a quick overview of a valid formation.

True that makes sense thanks.

[kyle010723]

"MPT: Outline and Self-Grade Additional MPT (if additional practice needed)"

I think Barbri is just trolling us now.

[Danger Zone]

For tomorrow, mine just says to jerk off and get drunk. Credited? Should I self study or is BarBri on to something here

[kyle010723]

For tomorrow, mine just says to jerk off and get drunk. Credited? Should I self study or is BarBri on to something here

Shh, I've heard it said in another thread that by doing so, you can increase you score by 20+

[Unagi]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

This is just terrible. I'm sorry bro

This sucks. Have you tried airbnb?

[dwyf]

Imagine getting a call a couple days before the bar exam from your hotel saying that your reservation has been cancelled because the hotel was overbooked. Yep, just happened to me!! What makes it so bad is Ohio's bar exam is in the middle of fucking no where because the bar examiners failed to book the convention center in Columbus in enough time and it ended up being unavailable. So we got put in the middle of no where in a convention center that only had ONE hotel (with only 100 rooms) attached and three surrounding hotels. For 1200 bar takers. Mind you, I made this booking the day the location of the bar was announced. And of course all of the other hotels are booked. umm FML!

Sue them for consequential damages...They should have fucking better known better. That's the rule.

Sad thing is the hotel told me I'm not the only person this happened too. Supposedly all of the hotels overbooked. Crazy.

This is just terrible. I'm sorry bro

This sucks. Have you tried airbnb?

Or do you have any school friends you could room with? It's not ideal and I'm sure you don't want to impose, but I'd do this for somebody in a heartbeat.

[rhs100]

Anyone have NY Essay predictions? (unless we are not allowed to talk about it here)

[Notmyfavbar]

Anyone have NY Essay predictions? (unless we are not allowed to talk about it here)

I wish so bad that I knew. Right now I'm hoping that the universe will just throw me a bone and throw the shit that I memorized from the smart bar prep outlines. Literally random ass concepts here and there. It's such a mess haha.