In Automotive Supply Co

Multiple Choice

In Automotive Supply Co.v.Scene-in-Action,Scene rented a commercial space from Automotive.Soon after taking possession of the premises the heat started malfunctioning for hours at a time with the temperature dropping to below 50 degrees.After numerous employees stopped coming to work due to cold and illness,Scene moved out,claiming a constructive eviction.

A) because Scene was a commercial tenant they were not afforded the same rights as would be given a residential tenant and they were found to be breaching the lease
B) the court determined that the cold was not so bad that it affected Scene's right to habitability and beneficial use so they were found to be breaching the lease
C) Scene would have had the right to claim a constructive eviction had they vacated the premises immediately after the problem arose but since they didn't do so, remaining despite of the problem, they waived the right to claim a constructive eviction and were found to be breaching the lease
D) Scene was entitled to vacate the premises within a reasonable amount of time and was not required to vacate immediately