Rule in Dumpor's Case

Rule in Dumpor's Case

The Rule in Dumpor's Case is a common law rule of property law first set forth by Sir Edward Coke in 1578 (4 Coke 1196 [1578]). In its most basic form, it states that once a landlord has consented to an assignment of a tenant's interest in a leasehold estate, he implicitly consents to all future assignments by the tenant.

This rule is still operative in some U.S. states and some other jurisdictions which follow English common law, but the parties may contract around the rule by putting a clause in the lease agreement which allows the landlord to reserve his right to approve or disapprove an assignment.

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  • rule in Dumpor's Case — See Dumpor s Case …   Ballentine's law dictionary

  • Dumpor's Case — An old English case from which there was developed the rule that once the condition upon which an estate was granted is waived and therefore gone, it is gone forever. 28 Am J2d Est § 169 …   Ballentine's law dictionary

  • List of law topics (N-R) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • Assignment (law) — Contract law Part …   Wikipedia

  • partial release — A release of the condition upon which an estate was granted, superficially a partial release, but having effect under the rule in Dumpor s Case, to eliminate the condition entirely. 28 Am J2d Est § 169 …   Ballentine's law dictionary

  • partial waiver — A waiver of the condition upon which an estate was granted, superficially a partial waiver, but having the effect under the rule in Dumpor s Case, to eliminate the condition entirely. 28 Am J2d Est § 168 …   Ballentine's law dictionary

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