LEASES; INDEMNIFICATION—Absent explicit contractual language to the contrary, an indemnitee who has defended against allegations of its own independent fault may not recover the costs of its defense from an indemnitor.
LEASES; EXCULPATION—A freely negotiated exculpation clause in a lease, even if extremely broad, will be enforced.
LEASES; EVICTION—Absolution from payment, in part or in whole, is available as relief to a tenant in a dispossess action.
LEASES; DEFAULTS; NOTICE—A general lease provision requiring a notice of default is overridden by a specific lease provision allowing for immediate termination by notice to a tenant that its rent is due and unpaid.
LEASES; CONSTRUCTIVE EVICTION—A tenant found to have been constructively evicted from its premises under one lease may also be deemed constructively evicted under related leases where it was contemplated that use of the first premises was needed to enjoy the benefit of the space occupied under the other leases.
LEASES; CORPORATIONS; PERSONAL LIABILITY—A corporation is a corporate tenant even if a landlord reasonably believes it is dealing with an individual tenant, liability for rent lies with the corporation not with its individual officer.
LEASES; ATTORNEYS FEES—A tenant may contractually agree to pay reasonable legal fees related to an eviction.
LANDOWNER’S LIABILITY; NEGLIGENCE—A shopping mall that operates a food court is presumed to have notice that spills of food and drink are likely to occur even outside of the food court.
LANDOWNER’S LIABILITY; CONTRACTORS—A landowner has no duty to protect an employee of an independent contractor from the very hazards or dangers emanating from performance of the contracted work unless the owner exercises some degree of involvement in or control over the work.
LANDOWNER’S LIABILITY; CONTRACTORS—Even though neither a landowner nor a contractor usually has duties to protect a subcontractor’s employee from the very hazards created by the performance of the subcontracted work, where there is evidence of some participation, interference or exercise of some control over the work, a duty of care may fairly be imposed.