Ease Into Prep with a BAR^® Question of the Day

The correct answer is: (A) Yes, if the assignment was in writing and the lease did not specifically prohibit an assignment.

A lease may be freely assigned unless its terms expressly prohibit it. However, to satisfy the jurisdiction's Statute of Frauds, the assignment must be in writing, because more than two years remained on the lease.

(B) Incorrect. Yes, whether or not the assignment was in writing.

Leases that do not expressly forbid assignment may be freely assigned. However, this assignment would have to be written to satisfy the jurisdiction's Statute of Frauds, because there were more than two years remaining on the lease. Therefore, this is not the best answer.

(C) Incorrect. No, because no one gave the businessman notice of the assignment.

Leases without clauses barring assignment may be freely assigned, with or without notice to the other party to the lease. However, in this case there were more than two years left on the lease, so the jurisdiction's Statute of Frauds requires the assignment to be written.

(D) Incorrect. No, because the lease contained no clause specifically allowing an assignment.

The default with leases is assignability--a lease may be freely assigned unless its terms forbid it. However, to satisfy the jurisdiction's Statute of Frauds, this assignment must be written to be enforceable, because there were more than two years remaining on the lease.