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Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
Edition 19ISBN: 978-1305654921Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
Edition 19ISBN: 978-1305654921 Exercise 22
Perrin Blank purchased a dental practice, including a lease of professional office space, equipment, and patient records. At the expiration of the lease term, Blank entered into his own five-year lease with the landlord. The lease was renewed three times. The offices were then sold to a new landlord, who notified the tenants that he planned to demolish the building. Blank found another property and sued the landlord for damages for
"lost profits; injury to business; loss of good will; lost earnings; lost earning capacity; lost lease value; relocation costs and expenses (including new office plan, design and build-out; cost of non-movable equipment and fixtures; moving expenses of movable equipment and computers; new cabinetry; new telephone and speaker systems; new advertising/promotion/signage/stationary; rent differentials); water, electric and other utility expenses; higher premiums for new insurance; borrowing/financing costs and expenses; tax liabilities; consultant and broker fees; and attorneys' fees."
State law allowed a wrongfully evicted tenant to recover the difference between the value of the leasehold and the rent payable, lost profits that could be reasonably determined, and damages "for losses that are the natural, direct and necessary consequences of the breach... such as should reasonably have been contemplated by the parties." Did the new landlord owe Blank anything? If so, was he responsible for all the different types of damages Blank claimed? [WSG Palm Beach Development, LLC v. Blank, 990 So.2d 708 (Fla.Dist. Ct. App.)]
"lost profits; injury to business; loss of good will; lost earnings; lost earning capacity; lost lease value; relocation costs and expenses (including new office plan, design and build-out; cost of non-movable equipment and fixtures; moving expenses of movable equipment and computers; new cabinetry; new telephone and speaker systems; new advertising/promotion/signage/stationary; rent differentials); water, electric and other utility expenses; higher premiums for new insurance; borrowing/financing costs and expenses; tax liabilities; consultant and broker fees; and attorneys' fees."
State law allowed a wrongfully evicted tenant to recover the difference between the value of the leasehold and the rent payable, lost profits that could be reasonably determined, and damages "for losses that are the natural, direct and necessary consequences of the breach... such as should reasonably have been contemplated by the parties." Did the new landlord owe Blank anything? If so, was he responsible for all the different types of damages Blank claimed? [WSG Palm Beach Development, LLC v. Blank, 990 So.2d 708 (Fla.Dist. Ct. App.)]
Explanation
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Rights and Duties of Tenants and Landlor...
Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
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