Highlights
Answer the following questions:
1. What were the issues in the case? To identify issues, you need to identify not only the legal questions but also explain how those questions arose on the facts of the case.
2. What were the arguments made for and against each side on these issues? Here, you will need to refer to both the legal arguments and the facts that supported those arguments .
3. What principles of law were decided and/or relied on by the judges in forming their conclusions on those arguments? You must explain any differences between the reasoning of the various judges.
4. What was the result of the case? Explain how the decision of the majority judges led to the orders that were made.
Task 2
Use IRAC to provide a written analysis of the legal position arising from the following (imaginary) facts.
Paul and Govinder decide to go into business together selling carpets. They need a lot of space to store their stock, which they import from Asia, so they decide to lease a shop frontage with a warehouse or a large storeroom attached. They commence negotiations with the agent of Dullas Properties Ltd for shop premises with a large storeroom attached at the rear. The storeroom is large enough for their start-up, but they tell the agent that if their business grows they might want to refurbish the storeroom by knocking down a few internal walls and installing raised upper levels so they can store their carpets more efficiently. The landlord's agent says that he cannot see any reason why that would be a problem. Paul and Govinder go ahead with the lease and move into the premises and open their shop. The business grows rapidly and pretty soon they are running out of storage space. Initially, this means renting extra storage space at another site, but as the problem persists, they ask the landlord for permission to pull down the internal walls in the storeroom and refurbish it to provide extra storage space. The landlord says no, he has changed his mind and does not want the internal walls changed or removed. He says that he would only agree if Paul and Govinder paid a sum of $70,000 as compensation for damage to the premises. The lease contract provides as follows:
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