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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)

Citation
Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)
Parent Document
Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)
Jurisdiction
Washington (state)
Effective Date
2010-11-04

Other Sections in This Document (102)

Full Text

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¶ 32 Having described what we now will call the independent duty doctrine, we next must decide whether the duty to not cause waste arises independently of the contract. An early American authority described the duty to not cause waste as an obligation the tenant owes even if the lease covenants say nothing about the issue: "Independently of any express agreement, the law imposes upon every tenant, whether for life or for years, an obligation to treat the premises in such a manner, that no substantial injury shall be done to them." John N. Taylor, A Treatise on the American Law of Landlord and Tenant § 343, at 261 (6th ed. 1873) (emphasis added). This duty not to cause waste has long been recognized in Washington. See McLeod v. Ellis, 2 Wash. 117, 120, 26 P. 76 (1891).