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87-477: The band was plagued from its inception with significant problems, including lawsuits involving Evans, Reinhardt and Dorman with their former bands, and a dispute over musical style with their record label, Capricorn Records . Although the band performed well together, relationships among the various band members were strained. In particular, singer Rod Evans left and rejoined the band several times beginning in 1971, and made his departure permanent in late 1973, after

174-656: A condition or a warranty . Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by the breach of contract by the defaulting party. Damages in the UK are the only remedy available for breach of a warranty. Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission , and restitution . Damages are classified as being compensatory or punitive. Compensatory damages are rewarded in an attempt to make place

261-508: A plebiscite of nearby property owners. Although control of such planning issues is often governed by local planning schemes or other regulatory frameworks rather than through the use of covenants, there are still many covenants imposed, particularly in states that limit the level of control over real property use that may be exercised by local governments. Covenants have been used to exclude certain classes based on race, religion or ethnicity. These groups are generally marginalized groups. In

348-453: A 1990 commercial retail lease case noted that "the overwhelming majority of [US] jurisdictions... hold the landlord's right to terminate is not unlimited. We believe a court's decision to permit termination must be tempered by notions of equity and common sense. We thus hold a forfeiture for a trivial or immaterial breach of a commercial lease should not be enforced." In Rice (t/a The Garden Guardian) v Great Yarmouth Borough Council (2000),

435-402: A CCR may prohibit any type of modular, prefabricated, or mobile home or may require the structure to be a minimum size), appearance (e.g., no junk cars), or other uses (e.g., no operation of home-based business, no pets except traditional household animals). The purpose of this is to maintain a neighborhood character or prevent improper use of the land. Many covenants of this nature were imposed in

522-409: A breach of an agreement is "material" must depend upon all the facts of the particular case, including the terms and duration of the agreement in question, the nature of the breach, and the consequences of the breach. when judging what the parties meant when they referred to a breach having to be "material" and "remediable" ( sic ) it seems to me that they must have had in mind, at least to some extent,

609-696: A buyer of real property from allowing use or occupancy by members of a given race, ethnicity, or religion as specified in the title deed . Such covenants were employed by many real estate developers to "protect" entire subdivisions , with the primary intent to keep " white " neighborhoods "white". Ninety percent of the housing projects built in the years following World War II were racially restricted by such covenants. Cities known for their widespread use of racial covenants include Chicago , Baltimore , Detroit , Milwaukee , Los Angeles , Seattle , and St. Louis . Said premises shall not be rented, leased, or conveyed to, or occupied by, any person other than of

696-439: A complicated system of covenants , known generically as "deed restrictions", built into the deeds of all the lots in a common interest development, particularly in the tens of millions of American homes governed by a homeowner association (HOA) or condominium association . There are some office or industrial parks subject to CCRs as well. These CCRs might, for example, dictate the types of structures that can be built (e.g.,

783-400: A contract specifies time is of the essence or otherwise contains an express or implied term that times for performance are critical, stipulations as to time will be conditions of the contract. Accordingly, if a party fails to meet a meet the time stipulations, it will be a breach of a condition of the contract, entitling the innocent party to terminate. Breach of a condition of a contract

870-416: A contractual or statutory provision, any breach of contract is categorized: There is no "internal rating system" within each of these categories (such as "a serious breach of warranty"). Any breach of contract is of a breach of warranty, condition or innominate term. In terms of priority of classification of these terms, a term of a contract is an innominate term unless it is clear that it is intended to be

957-647: A covenant forbidding the construction of tall buildings in the vicinity of an airport or one restricting the height of fences/shrubs at street corners (so as not to interfere with drivers' sight lines). Covenants may restrict everything from the height and size of buildings to the materials used in construction to superficial matters such as paint color and holiday decorations. In residential areas, covenants may forbid "dirty" businesses (such as feedlots or chemical production facilities) or business use entirely, or modifications such as amateur radio antenna. Amateur radio restrictions have been particularly controversial; in 1985

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1044-754: A covenant that restricts sale to a minority person (commonly used during the Jim Crow era ) is unenforceable , as enforcement would require the court to act in a racially discriminatory manner, contrary to the Equal Protection Clause of the Fourteenth Amendment . In contemporary practice in the United States, a covenant typically refers to restrictions set on contracts like deeds of sale. "Covenants, conditions, and restrictions," commonly abbreviated "CC&Rs" or "CCRs", are

1131-447: A cure period may not be available where the innocent party chooses to accept a repudiatory breach and therefore exercise its common law rather than its contractual rights. Fundamental breach of contract is no longer the test for a serious breach of contract to justify termination. The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force but

1218-601: A manner which is inconsistent with the terms of the contract also shows an intention not to perform the contract. Whether such conduct is so severe so as to amount to a renunciatory breached depends upon whether the threatened difference in performance is repudiatory. An intention to perform connotes a willingness to perform, but willingness in this context does not mean a desire to perform despite an inability to do so. To say "I would like to but I cannot" negatives intent just as much as "I will not". Contracting parties must perform contracts in strict accordance with their terms: what

1305-436: A material breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: Renunciatory breach (usually referred to as anticipatory breach or breach by anticipatory repudiation ) is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives

1392-417: A new drummer. Glascock was released and Marty Rodriguez was brought in on drums on the recommendation of Garcia. This six-man lineup recorded the group's second album, Sufficiently Breathless , with producer and Capricorn Records co-founder Phil Walden . Tension during the recording led to Evans quitting, and the band splitting consequently. The original lineup with Caldwell reformed later in 1973 for gigs in

1479-479: A repudiation. However: The reason for a defaulting party committing an actual breach is generally irrelevant to whether it constitutes a breach, or whether the breach is a repudiation (this is an incident of strict liability for the performance of contractual obligations). However, the reason may be highly relevant to what such breach would lead the reasonable observer to conclude about the defaulting party's intentions in relation to future performance and therefore to

1566-484: A repudiatory breach. Simply because a term in a contract is stated by the parties to be a condition does not necessarily make it so. Such statements though are one of the factors taken into account to decide whether it is a condition or warranty of the contract. Other than where the colour of the pipes went to the root of the contract (suppose the pipes were to be used in a room dedicated to artwork related to plumbing, or dedicated to high fashion), it would more than likely be

1653-407: A restrictive covenant will run in equity if these prerequisites are met: The leading case on restrictive covenants in equity is generally regarded as that of Tulk v Moxhay , in which it was determined that the burden could run in equity subject to the qualifications listed above. The risk of an undisclosed restrictive covenant coming to the notice of a buyer or developer after they have acquired

1740-405: A site has been seen as especially high in regard to infill residential development . Restrictive covenant indemnity insurance is often available to mitigate this risk. The covenant will typically be written in the deed, and must be in writing due to the statute of frauds . Although scholars have argued that some of the following should be significantly relaxed, in order for the burden to run with

1827-512: A symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax. Covenants may be imposed through homeowner associations , and controversy has arisen over selective enforcement. Historically, particularly in the United States, exclusionary covenants were used to exclude racial minorities. Some covenants exist for safety purposes, such as

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1914-529: A term is a warranty or a condition of the contract. In respect to the EPC Agreements, material breach is defined as "shall mean a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure". Other UK cases which relate to the concept of a material breach include: Whether

2001-812: A tribute to Captain Beyond entitled Thousand Days of Yesterday . The album features fellow 1970s rockers Pentagram playing "Dancing Madly Backwards". In 2000 they released a four track EP entitled Night Train Calling . Shortly thereafter they were joined briefly by guitarist Steve Petrey. Captain Beyond once again disbanded in 2003 when lead guitarist Larry Reinhardt developed cancer. Following treatment, Reinhardt continued to perform music until late 2011, when he again fell ill. He died on January 2, 2012. Bassist Lee Dorman died on December 21, 2012. Rod Evans has retired from performing, partly due to legal troubles with his original Deep Purple bandmates, and his current residence

2088-404: A warranty, not a condition. The general rule is that stipulations as to time in a contract are not conditions of the contract (there are exceptions, such as in shipping contracts; it depends in part upon the commercial importance of timely delivery in all the circumstances of the case). As such, missing a date for performance stipulated in a contract is usually a breach of warranty. However, when

2175-418: Is a legal cause of action and a type of civil wrong , in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail

2262-439: Is a solemn promise to engage in or refrain from a specified action. Under historical English common law , a covenant was distinguished from an ordinary contract by the presence of a seal . Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration . In United States contract law, an implied covenant of good faith

2349-637: Is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract. As noted by Seddon et al, these forms of breach of contract overlap, and an actual failure to perform may manifest an unwillingness or inability to perform. This

2436-602: Is known as a repudiatory breach . Again, a repudiatory breach entitles the innocent party at common law to (1) terminate the contract, and (2) claim damages. No other type of breach except a repudiatory breach is sufficiently serious to permit the innocent party to terminate the contract for breach. Contracts often use wording other than repudiatory breach to describe a type of breach of contract. These contractual terms include material breach , fundamental breach , substantial breach , serious breach . These alternative wordings have no fixed meaning in law but are interpreted within

2523-412: Is more than trivial, but need not be repudiatory" and confirmed as meaning "a breach which is substantial. The breach must be a serious matter, rather than a matter of little consequence." A breach of contract will likely constitute a material breach if the term of the contract which has been breached is a condition of the contract. A variety of tests may be applied to terms of contracts to decide whether

2610-592: Is not always easy to remove them from the chain of title. Since 2010, the Seattle Civil Rights & Labor History Project has located more than 500 restrictive covenants and deeds covering more than 20,000 properties in Seattle and its suburbs. In response, the Washington State legislature passed a law that since January 1, 2019 allows property owners to "modify" property records, disavowing

2697-412: Is not always the case: an individual may fail to perform a contractual obligation even when willing or able. These classifications describe only how a contract can be breached, not how serious the breach is. A judge will make a decision on whether a contract was breached based on the claims of both parties. The first type above is an actual breach of contract. The two other types are breaches as to

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2784-500: Is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory breach. A term may be a condition in Australian law if it satisfies one test known as the test of essentiality. The test of essentiality requires that the promise (term) was of such importance to the promisee that he or she would not have entered into

2871-468: Is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the upkeep of the surrounding area. An agreement not to open a competing business on adjacent property is generally enforceable as a covenant running with the land. However, under the federal Supreme Court 's holding in Shelley v. Kraemer , 334 U.S. 1 (1948),

2958-463: Is presumed. A covenant is an agreement like a contract . A covenantor makes a promise to a covenantee to perform an action (affirmative covenant in the United States or positive covenant in England and Wales ) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with

3045-540: Is still unknown. However, Caldwell mentioned in a 2015 interview that Evans was doing just fine and was working in the field of respiratory therapy. Caldwell resurrected the band in 2013, with a lineup consisting of Don Bonzi, Jeff "Boday" Christensen, and Jamie Holka, bassist Allen Carmen, and guitarist/keyboardist/vocalist Simon Lind. In 2015 Carmen and Christensen departed the band and Artabasy returned as bassist. The reformed group began touring in 2015. Disbanded Breach of contract Breach of contract

3132-410: Is the difference in value between red pipe and blue pipe. Since the color of a pipe does not affect its function, the difference in value is zero. Therefore, no damages have been incurred and the homeowner would receive nothing (see Jacob & Youngs v. Kent .) However, had the pipe color been specified in the agreement as a condition , a breach of that condition may well constitute a "major"—i.e.

3219-586: The Due Process Clause of the Fourteenth Amendment . This cleared the way for racial restrictive covenants to proliferate across the US during the 1920s and 1930s. Even the invalidation of such a covenant by the US Supreme Court in the 1940 case of Hansberry v. Lee did little to reverse the trend, because the ruling was based on a technicality and failed to set a legal precedent . It

3306-484: The U.S. Federal Communications Commission issued PRB-1 preempting state and local restrictions, but not private restrictions; in 2012 after Congress passed a law requiring study of this issue (at the urging of amateur radio group ARRL ), the FCC declined to extend this preemption. Some US states have enacted legislation requiring homeowners' associations to provide reasonable accommodations for amateur radio antennas under

3393-667: The 1917 US Supreme Court ruling of Buchanan v. Warley invalidated on constitutional grounds. During the 1920s, the National Association for the Advancement of Colored People (NAACP) sponsored several unsuccessful legal challenges against racial covenants. In a blow to campaigners against racial segregation , the legality of racially restrictive covenants was affirmed by the landmark Corrigan v. Buckley 271 U.S. 323 (1926) judgment ruling that such clauses constituted "private action" not subject to

3480-1031: The Ethiopian, Malay or any Asiatic Race", thus banning Jews and anyone of African, Filipino, or Asian ancestry. The exclusionary language varied widely. Some neighborhoods were reserved for the "White or Caucasian race". Others enumerated banned populations. One subdivision near Seattle specified that "This property shall not be resold, leased, rented or occupied except to or by persons of the Aryan race." The Lake Shore Club District in Pennsylvania sought to exclude various minorities, including " Negroes ", " Mongolians ", Hungarians , Mexicans , Greeks , and various other European ethnicities. Some covenants, such as those tied to properties in Forest Hills Gardens , New York , also sought to exclude working class people; however, this type of social segregation

3567-918: The Fair Housing Act (Title VIII of the Civil Rights Act of 1968 ) which outlawed housing discrimination based on race, color, religion, sex, or national origin. In 1988, it was expanded to prohibit discrimination based on familial status (e.g. the presence of children) or disability. It wasn't until 1972 that the Mayers v Ridley decision ruled that the covenants themselves violated the Fair Housing Act and that county clerks should be prohibited from accepting deeds with such clauses. Although exclusionary covenants are not enforceable today, they still exist in many original property deeds as "underlying documents", and title insurance policies often contain exclusions preventing coverage of such restrictions. It

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3654-485: The UK Court of Appeal decided that a clause which provided that the contract could be terminated "if the contractor commits a breach of any of its obligations under the contract" should not be given its literal meaning : it was considered "contrary to business common sense" to allow any breach at all, however trivial, to create grounds for termination. A material breach has been held to mean "a breach of contract which

3741-530: The US and Canada. However, Evans left the band permanently around Christmas of 1973 and the band broke up. The band reformed in 1976 with Caldwell, Dorman, and Rhino, being joined first by Jason Cahoon and later with Willy Daffern as vocalist. They recorded the band's third album Dawn Explosion on Warner Bros. , but broke up in 1978. Caldwell and Rhino reformed Captain Beyond in 1998, with Jimi Interval on vocals, Dan Frye on keyboards, and Jeff Artabasy on bass. In 1999, Swedish record label Record Heaven released

3828-466: The US, the Restatement (Third) of Property takes steps to merge the concepts as servitudes. Real covenant law in the US has been referred to as an "unspeakable quagmire" by one court. In property law , land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how

3915-408: The United States in the 1920s through the 1940s, before zoning became widespread. However, many modern developments are also restricted by covenants on property titles; this is often justified as a means of preserving the values of the houses in the area. Covenant restrictions can be removed through court action, although this process is lengthy and often very expensive. In some cases it even involves

4002-578: The United States, in the early 20th century zoning laws were used to prevent integrating neighborhoods but were struck down in Buchanan v. Warley . Thus, deed restrictions and restrictive covenants became an important instrument for enforcing racial segregation in most towns and cities, becoming widespread in the 1920s and proliferating until they were declared unenforceable in 1948 in the Supreme Court case Shelley v. Kraemer . They prohibited

4089-484: The benefit, through a building scheme arrangement, usually for a new development of multiple properties, or through the application of section 78 of the Law of Property Act 1925 , which only applies for covenants made since 1 January 1926. A positive burden can run in law, but not in equity, as it is deemed to be analogous to a contract, to which equitable principles do not apply ( Rhone v Stephens (1994)). The burden of

4176-453: The benefit/burden test - that is, whoever takes the benefit must also shoulder the burden. In Halsall v Brizell [1957] Ch 169, a covenant requiring the upkeep of roads was found to bind the successor in title to the original covenantor because he had elected to take the benefit. The rule in Halsall v Brizell is limited to cases where the benefit can be linked to a specific burden and where

4263-461: The commercial consequences of the breach. A party in breach of contract may have the right to remedy their breach, for example if the breach itself is remediable and a provision for remedy or a time period for exercising such as right is included within the contract. In the case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC (2016), a clause within the contract between the disputing parties stated that "failure ... to observe any of

4350-426: The context of the contract that they are used. For that reason, the meaning of the different terms varies from case to case. Possible interpretations of their meaning include "repudiatory breach", and "serious breach, but not as serious as a repudiatory breach". A trivial breach is one that does not meet the standard for designation as a material, serious or substantial breach. An Arizona Supreme Court decision in

4437-411: The contract without the assurance of strict or substantial performance of the promise, and that ought to have been apparent to the promisor. This is an objective test of the parties' intention at the time of formation of the contract. If the contractor in the above example had been instructed to use copper pipes but instead used iron pipes that would not last as long as the copper pipes would have lasted,

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4524-452: The contract. The innocent party cannot sue the party in default for specific performance : only damages . Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case. Suppose a homeowner hires a contractor to install new plumbing and insists that

4611-419: The courts, but cases where the award of such damages has been considered and agreed include Jarvis v Swans Tours Ltd (1972) and Farley v Skinner (2001). A right to terminate a contract arises for: An innocent party is therefore entitled to elect to terminate a contract only for breach of a condition of the contract, repudiatory breach or renunciatory breach. To terminate a contract for repudiatory breach,

4698-480: The covenant to pay rent is one of the more fundamental covenants. The forfeiture of a private home involves interference with social and economic human rights . In the case of leases commuted to a large sum payable at the outset (a premium ), that has prompted lobbying for and government measures of leasehold reform particularly in the law of ground rents and service charges . Restrictive covenants are somewhat similar to easements and equitable servitude . In

4785-565: The covenantor's successors in title can physically elect to take the benefit. For example, a restrictive covenant to contribute to the maintenance costs of a common area will not be binding if the covenantor's successors in title have no legal right to use them. Rules for ascertaining whether the benefit of a covenant has been passed to another person who wishes to enforce the covenant were summarised in Small (Hugh) v Oliver & Saunders (Developments) Ltd . in 2006, namely by an express assignment of

4872-572: The covenants played a role as "gentlemen agreements", it wasn't until 1962, that the Equal Opportunity in Housing executive order was signed by President John F. Kennedy , prohibiting using federal funds to support racial discrimination in housing. This caused the FHA to "cease financing subdivision developments whose builders openly refused to sell to black buyers." In 1968, Congress passed

4959-407: The defaulting party is told that a repudiatory breach has been "accepted" that the contract is terminated. If the defaulting party is not told the repudiatory breach has been accepted, the contract continues in force. An innocent party is not compelled to exercise its right to terminate, and accept a repudiatory breach. Otherwise, the contract continues in force. Conduct is repudiatory if it deprives

5046-401: The future performance of the contract and are technically known as renunciatory breaches. The defaulting party renunciates the contract in advance of when it is required to performs its obligations. Renunciatory breach is more commonly known as "anticipatory breach." The general law has three categories of breaches of contract, which measure of the seriousness of the breach. In the absence of

5133-410: The grantor is lawfully seized (in fee simple) of the property, (2) that the grantor has the right to convey the property to the grantee, (3) that the property is conveyed without encumbrances (this covenant is frequently modified to allow for certain encumbrances), (4) that the grantor has done no act to encumber the property, (5) that the grantee shall have quiet possession of the property, and (6) that

5220-481: The homeowner can recover the cost of actually correcting the breach by taking out the iron pipes and replacing them with copper pipes. There are exceptions. Legal scholars and courts have been known to find that the owner of a house whose pipes are not the specified grade or quality (a typical hypothetical example) cannot recover the cost of replacing the pipes for the following reasons: Most homeowners would be unable to collect damages that compensate them for replacing

5307-433: The innocent party in the position that would have been occupied "but for" the breach. Those damages are most often awarded as payments. Punitive damages are given to "punish or make an example of a wrongdoer who has acted willfully, maliciously or fraudulently". Punitive damages are awarded only in extreme cases and usually along with compensatory damages. Damages for distress or disappointment are not generally allowed by

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5394-406: The innocent party must tell the defaulting party. Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently, if there is a written contract, care should be taken to check the contract terms and to ensure compliance notwithstanding that the other party may, on the face of it, have committed a clear and repudiatory breach. It is only when

5481-399: The innocent party of substantially the whole of the benefit intended to be received as consideration for performance of its future obligations under the contract. Different forms of words are used by courts to express this central concept. The most prominent is whether the breach goes to the root of the contract . Those forms of words are simply different ways of expressing the "substantially

5568-433: The innocent party the option to terminate the contract immediately and sue for damages or to wait for the time of performance. If the party required to perform does not do so when it is required by the contract, the innocent party can terminate then. For example, A contracts with B on January 1 to sell 500 quintals of wheat and to deliver it on May 1. Subsequently, on April 15, A writes to B and says that he will not deliver

5655-418: The issue of renunciation. Often, the question whether conduct is a renunciation falls to be judged by reference to the defaulting party's intention, which is objectively evinced by past breaches and other words and conduct. A breach of a warranty of a contract creates a right to damages for the loss suffered, which was caused by the breach. These "minor" breaches do not entitle the innocent party to terminate

5742-413: The land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant). These may also "run with the land" (called a covenant appurtenant ), meaning that any future owners of the land must abide by the terms, or may apply to a particular person (called a covenant in gross or of a purely personal nature ). Under English law, affirmative covenants typically do not run with

5829-430: The land the following must apply: US courts interpret covenants relatively strictly and give the words of the agreement their ordinary meaning. Generally if there is any unclear or ambiguous language regarding the existence of a covenant courts will favor free alienation of the property. Courts will not read any restrictions on the land by implication (as is done with easements for example). A covenant can be terminated if

5916-617: The land", meeting tests of wording and circumstances laid down in precedent , imposes duties or restrictions upon the use of that land regardless of the owner. A covenant for title that comes with a deed or title to the property assures the purchaser that the grantor has the ownership rights that the deed purports to convey. Non-compete clauses in relation to contract law are also called restrictive covenants. Landlords may seek and courts may grant forfeiture of leases such as in leasehold estates for breach of covenant, which in most jurisdictions must be relatively severe breaches; however,

6003-483: The land; in the United States such covenants are examined more closely, but with exceptions affirmative covenants have been permitted to run with the land. The covenant may be shown in the deed and should be disclosed to prospective purchasers; it may also be recorded , or in the case of Commonwealth countries shown in Torrens title . Real covenants and easements or equitable servitudes are similar and in 1986,

6090-403: The northeast quadrant of the city as a restrictive covenant, not as a zoning by-law. At common law, the benefit of a restrictive covenant runs with the land if three conditions are met: At common law, the burden of a restrictive covenant does not run except where strict privity of estate (a landlord/tenant relationship) exists. The burden can be enforced at law in limited circumstances under

6177-449: The obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. There exists two elementary forms of breach of contract. The first

6264-602: The offensive restriction. Mapping Inequality, a collaboration of three teams at four universities, has identified restrictive covenants in various parts of the United States. The Mapping Prejudice project at the University of Minnesota has collected restrictive covenants in the Minneapolis area. Although most commonly associated with the United States, racially or ethnically restrictive covenants have been used in other countries: Title covenants serve as guarantees to

6351-406: The original purpose of the covenant is lost. In some cases property owners can petition a court to remove or modify the covenants, and homeowner associations may include procedures for removing the covenants. The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view. An affirmative covenant

6438-407: The pipes but would be awarded damages that compensate them for the loss of value in the house. For example, if the house is worth $ 125,000 with copper and $ 120,000 with iron pipes, the homeowner would be able to collect the $ 5,000 difference and nothing more. In the United States, the Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes

6525-404: The pipes, which will ultimately be hidden behind the walls, must be red. The contractor instead uses blue pipes that function just as well. Although the contractor breached the literal terms of the contract , the homeowner cannot ask a court to order the contractor to replace the blue pipes with red pipes. The homeowner can only recover the amount of his or her actual damages. In this instance, this

6612-424: The popularity of exclusionary covenants at this time as a response to the urbanization of black Americans following World War I , and the fear of "black invasion" into white neighborhoods, which residents felt would result in depressed property prices, increased nuisance (crime), and social instability. Many African Americans openly defied these covenants and attempted to "pioneer" restricted areas. But even still

6699-417: The rationale that amateur radio provides public service communications in the event of an emergency, major disaster, or special event. In Canada, governmental authorities may use restrictive covenants as well as zoning. For instance, the city of Calgary's requirement that buildings in the general vicinity of Calgary International Airport be under a certain height is registered against virtually every title in

6786-543: The recipient of property, ensuring that the recipient receives what he or she bargained for. Since 1989, the main covenants implied in England and Wales on "limited" or "full title guarantee" (unless expressly overridden) are: Others as to charges, incumbrances, and third-party rights vary depending on whether full or limited title guarantee is agreed. Outside of England and Wales, the English covenants of title , sometimes included in deeds to real property, are (1) that

6873-420: The release of the band's second album. The original line-up for Captain Beyond included former Deep Purple singer Rod Evans , former Johnny Winter drummer Bobby Caldwell , former Iron Butterfly guitarist Larry "Rhino" Reinhardt and former Iron Butterfly bassist Lee Dorman alongside keyboardist Lewie Gold. Gold left for personal reasons before the first album was recorded. The remaining line-up recorded

6960-587: The self-titled debut album, released in 1972 by Capricorn Records , a Macon, Georgia -based independent label primarily known for cultivating such Southern rock groups as The Allman Brothers Band and Wet Willie . Following that album, Caldwell left the band to join Derringer and was replaced by Brian Glascock . Also joining the band around that time were keyboardist Reese Wynans and conguero Guille Garcia. The record company's chosen producer, Giorgio Gomelsky , did not like Glascock's drumming and requested

7047-399: The terms herein and to remedy the same where it is capable of being remedied within the period specified in the notice given by the aggrieved party to the party in default, calling for remedy, being a period not less than twenty (20) days" would constitute grounds for termination of the contract. The period allowed for such a remedy may be referred to as a "cure period". A right to make use of

7134-550: The wheat. B may immediately consider the breach to have occurred and file a suit for damages for the scheduled performance even though A has until May 1 to perform. However, a unique feature of anticipatory breach is that if an aggrieved party chooses not to accept a repudiation occurring before the time set for performance, the contract continues on foot, but also there will be no right to damages unless an actual breach occurs. Covenants, conditions and restrictions A covenant , in its most general sense and historical sense ,

7221-494: The white or Caucasian race. Often the restrictions applied only to African Americans wishing to buy property or rent a house or apartment, but other populations might also be banned, such as Asians , Jews , Indians , and some Latinos . For example, a restrictive covenant covering a large neighborhood in Seattle declared that "no part of said property hereby conveyed shall ever be used or occupied by any Hebrew or by any person of

7308-410: The whole benefit" test. Sometimes the innocent party may be deprived of its entitlement to damages for repudiatory breach of contract: Conduct is renunciatory if it shows an intention to commit a repudiatory breach. The conduct would lead a reasonable person to conclude that the party does not intend to perform its future obligations when they fall due. Showing an intention to perform a contract in

7395-495: Was agreed in the first instance when the contract was formed. To do otherwise is therefore a breach of contract. In the event of a renunciatory breach, the innocent party may: If the defaulting party does not perform when the time for performance arrives, the contract may be terminated. However, if the defaulting party performs, the right to terminate is lost forever. Conduct comprising a breach for performance of contractual obligations that have fallen due may be insufficient to be

7482-491: Was more commonly achieved through the use of high property prices, minimum cost requirements, and application reference checks. Racial covenants emerged during the mid-19th century and started to gain prominence from the 1890s onwards. It was not until the 1920s that they gained widespread national significance, and continued to spread through the 1940s. Racial covenants were an alternative to racially restrictive zoning ordinances ( residential segregation based on race), which

7569-551: Was not until 1948 that the Shelley v. Kraemer judgment overturned the Corrigan v. Buckley decision, stating that exclusionary covenants were unconstitutional under the Fourteenth Amendment and were therefore legally unenforceable. On December 2, 1949 US solicitor general Philip Perlman announced that the "FHA could no longer insure mortgages with restrictive covenants". Some commentators have attributed

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