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Question
Antonio leased a store from Melanie under a ten"‘year lease with a five"‘year renewal option. The lease required written notice of the intent to renew at least six months before the lease expired. The lease indicated that notice "may be delivered either personally or by depositing the same in United States mail." Six months and one day before the expiration of the ten-year lease, Antonio sent a fax to Melanie during regular business hours stating his intention to renew the lease for five years. Antonio received an electronic confirmation that the fax had been successfully transmitted. Based on the ruling in Case 11.3, Osprey L.L.C. v. Kelly-Moore Paint Co., under these circumstances, Antonio's faxa. was not a valid method of transmitting notice of his intention to renew the lease because personal delivery or U.S. mail delivery was required by the lease.
b. was not a valid method of transmitting notice of his intention to renew the lease because a fax can never provide legally valid notice.
c. was a valid method of transmitting notice of his intention to renew the lease because a fax performs the same function and serves the same purpose as personal delivery or U.S. mail delivery.
d. was a valid method of transmitting notice of his intention to renew the lease because any method of transmission would have been valid under the circumstances.
Answer
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