AYN456: Business and Corporations Law - Business Assignment Help

Assignment Task:

Assessment 

It is March 2020 and you have been consulted by a friend who is aware you are taking Business Law. Before you jump to the problem and issues though, some words of advice. 

The case facts below ask you to read around the relevant areas in more depth and to work through what it would mean to successfully apply the relevant law. In other words, you are asked 

• to identify the issues, 

• identify the applicable law(s) the fact scenario raises 

• state and show how the tests that support each of these areas of law would be applied to these facts and 

• reach outcomes/conclusions based on this at law – plus identify commercial advice if relevant. 

Some suggested cases appear at the end of the problem but your textbook will have more. A good place to start is looking up these key terms in your book and reading around them (including more broadly if needed) – as well as doing some searches around the cases provided. Reading a full case can be complex (an important understanding in itself) and a decent case summary may suffice. 

By ‘decent’ however, I suggest you will need to have a reasonably detailed understanding of the facts and of the elements of the tests the court applied to reach their final conclusion. You will need to then ask yourself if the same tests would come out identically in this case – and why/why not? This last bit is a critical step to showing you understand how legal precedent is applied. It is, in other words, what ‘legal reasoning’ is about. 

You should start asap as areas identified will not necessarily be covered in detail and are designed to be the basis for applied independent research around legal issues. 

• As the course is only a term, the problem (and course) is structured for you o to do preliminary reading o application and analysis against a real world set of facts o following up these concepts and processes in the context of class discussion. 

Please take a look at some of the additional information posted as to getting started for more ideas. There is also a short clip on doing legal research – although this will not be overly extensive in this case with emphasis resting more on the application of the cases you find below, in your text and in class. 

Do not get too concerned about how to write your submission. ILAC/IRAC form is a logical presentation format that separates out the issues, the relevant law, and the application of that law. In keeping these areas discrete, it is easier to remain objective around the first two, and to explain clearly the pros/cons of the case facts as they align (or don’t align) with the law. Conclusions then are the logical final step. See additional information around this on the assessment page. 

Leasing Problems at the Happy Home Base 

On March 1 2020, Jones, owner of a local restaurant came to see you. He is very worried about the lease on his well known restaurant and is seeking your advice (as he is aware you are doing business law). 

Jones’ restaurant has been an anchor tenant of Commercial Malls’ Happy Home Base shopping centre for nearly two decades. His current lease is set to run out in 2021 and he has just substantially renovated the restaurant. Not surprisingly, he is keen to continue on in that location on favourable terms. On February 1, 2020, Jones emailed Dick indicating his intention to continue on in the site post 2021 and raising discussions the two had around the current lease, making it clear he considers Dick has a contractual promise of a lease extension beyond 2021. 

Jones was alarmed to get a letter shortly after from Dick not only indicating that no renewal would be forth coming but, to the contrary, asserting that as Jones was in violation of a condition of their contract, CommercialMalls Pty Ltd was giving Jones notice to vacate. Under the lease term they cite, Jones must do so in 21 days with a daily liquidated damages rate of $10,000 applying to each day beyond that date. As Jones believes he could not possibly move out (vacate) in less than a month – and absolutely does not want to go regardless –

he is concerned as to: 

1) Whether Dick’s termination notice is valid

2) Whether on the facts as set out below, Dick has a contractual obligation to grant Jones a renewal extension ‘as promised as part of the 2016 agreement’.

3) What options, including compensation measures, he is either entitled to recover or may be at risk of having to pay depending on the legal outcome.

4) The most commercially sensible course of action you would recommend with reference to the likely legal outcomes. 

Overview: 

The background to Jones’ dispute with CommercialMalls (CM) goes to the construction of the terms of their 2016 contract. Although when he entered the lease in 2001 on an ‘incentivised’ basis, his rent was $1500/commercial month based on a five-year contract and including 2 renewal options subject to performance, the rent has crept up slowly since then. In 2016 Jones and Dick negotiated an extension at a rental rate of $2700 which includes the clauses extracted below. Jones is keen to stay because his restaurant is well known in that venue, the lease is reasonable and, importantly, because, in line with agreements struck in 2016, he has just put a lot of money into renovating the premises. 

Facts: 

CommercialMalls Pty Ltd (CM) owns Happy Home Base (HHB), where Jones’ restaurant, Gourmands’ Delight, is situated. Built a couple of decades earlier, by 2015, Happy Home Base was looking a bit tired and had the ‘vibe’ of a complex that had seen (much) better times. Business and revenue lines had fallen and, to make matters worse, a new competitor, Flashy Home Base (FHB), had opened across the road. Flashy’s new stores, stylish architecture and $5 lunches in their food court generated a booming business (for Flashy) and was taking a serious toll on HHB.

The Task 

Please advise Jones as to his likely best commercial option going forward. This should include at a minimum reference to: 

• his likely legal position (highlighting the relevant legal principles and law that arise under these facts) 

• the legal consequences and risks Jones faces going forward if he ignores the termination notice and goes beyond the 21 days to vacate and/or doesn’t exit until 1 April 2020. 

• what legal remedies he is most likely to be entitled to on these facts 

• whether Jones can claim for a further 5 year lease on existing terms for the five year period 

• recommendation of a commercially sensible course of action

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