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Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise?

This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "Under what circumstances might one who is not the original promisor be liable for not performing the promise?"

This tutorial is only the fourth in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should complete the following lessons in order: Covenants, Equitable Servitudes and Restrictions: Creation; Covenants, Equitable Servitudes and Restrictions: Determining Their Validity and Scope; and Covenants, Equitable Servitudes and Restrictions: Who Has the Right to Enforce Covenants and Equitable Servitudes?

As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with topics.

In contrast, to facilitate students' learning and understanding, CALI's series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the CALI lessons, students will be better able to understand traditional covenants analyses.

Lesson Completion Time

45-60 minutes
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