Question

CASE 4 Quinn leased a small retail shop from The lease was drawn fo payable at s1,000 per month. The and moved into possession and equipment, which he valued at $5,000 and s 6,000 Chaplin for the of establishing a fruit and vegetable market. respectively. He then changed the locks on the do , and provided for a total rental of $36,000, public that the landlord had taken possession r a three-year term, commencing and posted a notice on the premises that informed or non- payment of rent. The next day he notified Quinn irst and last months' rent were due on May 1. Quinn paid the two months' rent last months Rizzoto that he had distrained the chattels in the shop on behalf of the landlord. He advised the two parties that they had five days to redeem the chattels by payment of the arrears of rent, otherwise the chattels would be sold. Quinn and Rizzoto made no attempt to pay the rent. A month later, and a few days after the rent for the month was due, Chaplin discovered that Quinn had sold the business to Rizzoto. The sale was contrary to the terms of the lease, which permitted assignment of the lease only on consent. Chaplin immediately went to the shop and, when Rizzoto arrived, told him that he was not willing to have anyone but Quinn operate a shop on the premises. Chaplin advised Rizzoto that Quinn was in breach of the lease by assigning it without his consent and suggested that Rizzoto seek out Quinn to get his The bailiff later attempted to sell the business, but was unsuccessful. Eventually his services were termi- nated by Chaplin. Chaplin did not attempt to rent the premises and retained the stock and equipment. In December 2011, he brought an action against Quinn for damages for breach money back. of the lease Chaplin then contacted a licensed bailiff and gave him authority to collect the rent owing. The sheriff went to the store and made an inventory of the stock Discuss the particular issues that are raised by th case and indicate the arguments that the parties might present with respect to each. Render a decision.

10 comments in favour of defender...

Answer 1

Answer:

This is the lease contract breech case, where the lease contract was not compiled by the parties and hence raises legal action. Chaplin was the owner of the small rental shop and leased this shop to Quinn for the fruit and vegetable business. But Quinn had handed over to third person Rizzoto without consent from the owner Chaplin. Then this makes the contract breech and the issue started. Chaplin had legal notice to Quinn for contract breech. Quinn is the defender in this case.

Following are the supporting points for the defender for this case as below

• Defender can say that they are paying the rent on-time as per contract and their supporting person Rizzoto was helping for their business, thus Chaplin understand it contract violation and raised legal notice for the contract breech.
• Quinn defender can say that he was complying as per contract terms but Chaplin disturbed his arrangement for the shop and not allowed them to run the operations as per contract hence the contract was breeched by Chaplin.
• Quinn can say that he was paying the rent as per normal period, but Chaplin had not allowed the operation with the help of Rizzoto. Rizzoto who is supporting the business on my behalf, but Chaplin take it other way and he assigned a third party for rent collection with the stock and equipment cost. This approach is not correct approach and contract was breeched by the Chaplin.
• Quinn can say that the rent collector assignment was not as per contract terms and Chaplin assigned a rent collector which is the violation of the contract terms.
• The lock changing action and closing the shop is not an appropriate action and it is the breach of contract by Chaplin.
• The five day notice of rent payment by Chaplin is not an action as per the contract, hence Chaplin breached the contract.
• The bailiff attempts for business sale was not as an appropriate action and it violates the contract.
• Chaplin retained the stock equipment for rent is not an appropriate action and it violates the contract.
• Quinn can claim that Chaplin had violated the contract terms and breached the contract.