Question

A landlord entered into a written lease of a bakery for a term of 25 years with a baker. The parties agreed to a right of first refusal if the bakery was offered for sale during the term of the lease. The lease also permitted assignments and subleases on notice to the landlord. Three years later, the baker retired and, after notifying the landlord, transferred the lease to a chocolatier. Twenty-one years later, the landlord entered into a contract with a buyer for the sale of the bakery for $100,000. The landlord had informed the buyer of the lease but had forgotten about the right of first refusal. When the chocolatier learned of the sale to the buyer, she informed both the landlord and the buyer that she wanted to exercise her option and was prepared to purchase the bakery for the contract price. The jurisdiction's Rule Against Perpetuities is unmodified by statute.
Can the chocolatier enforce the option?

Answer 1

In the given scenario; "Yes, the chocolatier enforce the option because the option touches and concerns the leasehold estate".

What is Jurisdiction's Rule?

Jurisdiction is a phrase that refers to a court's power or authority to hear a matter. The ability of federal and state courts to hear cases is governed by both federal and state statutes, as well as the Constitutions of the United States and each individual state.

The jurisdiction's Rule Against Perpetuities: The rule against perpetuities is a legal rule in Anglo-American common law that prohibits people from using legal instruments (typically a deed or a will) to exert control over the ownership of private property for a period of time that extends far beyond the lives of those living at the time the instrument was written.

The exceptions to the rule against perpetuity are-

• The rule does not apply to vested interests since vested interests cannot be detrimental to remoteness.
• The rule does not apply to land acquired or controlled by Corporation.
• Philanthropic gifts; the rule does not apply to transfers for the benefit of the public for religious, pious, or charitable causes.

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