Jones’ Case Study - Law 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.  

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 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. 

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