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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 669

Citation
Section 669 (11b)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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(11b) Finally, we observe that our holding that Civil Code section 1714 may be used as a springboard for a tenant's negligence action against his landlord for failure to maintain the premises in a habitable condition accords with the statement of Mr. Justice Stone that the body of the statutory law is "both a declaration and a source of law, and [may be used] as a premise for legal reasoning." (The Common Law in the United States (1936) 50 Harv.L.Rev. 4, 13; see Rest.2d Property (1977) (Landlord & Tenant) Introduction, p. VII.) THE CAUSE OF ACTION FOR CONSTRUCTIVE EVICTION