Abatement For Partial Eviction
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
22002_kiln_room · REAL_PROPERTY · Choice AYes, because Lydia is entitled only to a reduction in rent proportional to the value of the kiln room.
Why it's attractive
Concedes the eviction but misstates the controlling remedy as proportional, which the majority rule rejects for a landlord's own actual eviction.
Why it's wrong
Concedes the eviction but misstates the controlling remedy as proportional, which the majority rule rejects for a landlord's own actual eviction.
22002_kiln_room · REAL_PROPERTY · Choice CNo, because Barnabas's decision to padlock the kiln room was unreasonable.
Why it's attractive
Substitutes 'unreasonable' (a feeling) for the legal test; the court does not inquire into the landlord's motive.
Why it's wrong
Substitutes 'unreasonable' (a feeling) for the legal test; the court does not inquire into the landlord's motive.
22002_kiln_room · REAL_PROPERTY · Choice DYes, because Lydia did not vacate the workshop.
Why it's attractive
Treats staying in possession as fatal, but vacatur is a non-dispositive element here.
Why it's wrong
Treats staying in possession as fatal, but vacatur is a non-dispositive element here.
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