A Owns a Single-Storey Commercial Building in Downtown Toronto,which He

question 34

Multiple Choice

A owns a single-storey commercial building in downtown Toronto,which he has leased to B for use as an office.A few months after the lease was entered into,A sold the building to C together with A's lease.C bought A's building because he wanted to convert it into a luxury restaurant.Just after C become the owner of the building,C started to enter B's offices on a daily basis without notice and,further,began a small construction project in front of the building,which not only obstructed access to the building,but also made so much noise that it constantly disturbed B,B's staff,and B's clients.In this situation

• A)C has breached the covenant for quiet enjoyment and B can sue A and C for damages and seek an injunction against C.
• B)C has breached the covenant for quiet enjoyment and B can sue only A for damages.
• C)C has breached the covenant for quiet enjoyment and B can sue only C for damages.
• D)C has breached the covenant for quiet enjoyment and B can only sue A and C for damages if he so chooses.
• E)C has not breached the covenant for quiet enjoyment because,as owner of the building,C has the right to do the construction and enter B's premises at any time.

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Definitions:

Habituation

The process by which there is a decrease in response to a stimulus after being repeatedly exposed to it.

Attention Recovery

The process of regaining concentration and focus on a task or environment after being distracted or disengaged.

Visual-recognition Memory

The ability to recognize previously encountered objects, symbols, or individuals by sight.

Habituation

The process of becoming accustomed to a stimulus through repeated exposure, leading to a decrease in response.