Massachusetts Destruction Clause Long Form

State:
Multi-State
Control #:
US-OL11024B
Format:
Word; 
PDF
Instant download

Description

This office lease clause is the long form for dealing with the destruction of the premises and the conditions and obligations of the landlord to restore and accommodate the tenants.

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FAQ

Conduct is wanton if (1) the defendant knew it would create a risk of substantial damage or destruction to another's property, or (2) a reasonable person ? knowing what the defendant knew ? would have realized the act posed a risk of substantial damage to or destruction of another's property.

Massachusetts General Laws chapter 266, §127 prohibits malicious destruction of property. To convict a defendant of this criminal offense, the government has to prove beyond a reasonable doubt that: The defendant destroyed or injured another person's property. The defendant did so willfully.

266 §127 which makes it a crime to wilfully and maliciously destroy the property of another. In order to prove the defendant guilty of this offense, the Commonwealth must prove the following beyond a reasonable doubt: That the defendant injured or destroyed the personal property, house, dwelling or building of another.

A conviction of this offense is as follows: Incarceration in state prison for up to 10 years; A fine of up to three thousand dollars ($3,000.00) or three times the value of the property destroyed, whichever is greater; Incarceration in the county house of correction for up to two and one half 2½ years.

It is similar to vandalism (deliberate damage, destruction, or defacement) and arson (destroying property with fire) due to these crimes involving unlawfully destroying and damaging a person's property, property damage includes vandalizing property that is permanently attached to the ground, or those that are movable ...

Yes, the defacement of real or personal property, vandalism, in Massachusetts is a felony charge. This is a serious charge with the possibility of fines and going to Massachusetts state prison.

Wilful and malicious property destruction is a specific intent crime requiring proof that the defendant intended both the conduct and its harmful consequences, while wanton property destruction requires only a showing that the actor's conduct was indifferent to, or in disregard of, the probable consequences.

We were fed up with the wanton destruction and death. There was wanton destruction of banners which were causing no damage either to passers-by or to the police. In particular, we have condemned the indiscriminate attacks on civilians and the wanton destruction of their homes and livelihoods.

IHL prohibits the destruction of civilian objects and of property seized from the adversary in the absence of military necessity. Wanton destruction of such property constitutes a war crime.

A wanton action deliberately causes harm, damage, or waste without having any reason to.

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Massachusetts Destruction Clause Long Form