Clause Text Substitution
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
22056_naomi-caleb-subletting · REAL_PROPERTY · Choice AYes, because in the absence of a specific agreement to the contrary, a tenant may not transfer the entire balance of a leasehold interest without the landlord's express permission.
Why it's attractive
States tenants cannot assign without permission absent a specific agreement — reverses the baseline. Absent restriction, assignment is permitted.
Why it's wrong
States tenants cannot assign without permission absent a specific agreement — reverses the baseline. Absent restriction, assignment is permitted.
22056_naomi-caleb-subletting · REAL_PROPERTY · Choice BYes, because the lease prohibited alienation of the leasehold interest.
Why it's attractive
Choice says 'alienation of the leasehold interest'; stem says 'subletting.' Strict construction limits the clause to exactly what it says. The substitution is the fatal move.
Why it's wrong
Choice says 'alienation of the leasehold interest'; stem says 'subletting.' Strict construction limits the clause to exactly what it says. The substitution is the fatal move.
22056_naomi-caleb-subletting · REAL_PROPERTY · Choice DNo, because the lease did not contain an express reservation of Caleb's right to terminate the leasehold in the event of a breach.
Why it's attractive
Correct direction (No) but the reason implies Caleb would win with a termination clause. He wouldn't — no breach of the subletting covenant occurred since assignment is not subletting.
Why it's wrong
Correct direction (No) but the reason implies Caleb would win with a termination clause. He wouldn't — no breach of the subletting covenant occurred since assignment is not subletting.
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