18T2_LAW100 Business Law: Major Assignment • the Case Study Question
Ellen is a graduate of The College of Alternative Medicine and was looking to start her own business in recent past. She decided to open a meditation studio and looked around the inner city suburb of Paddington for suitable premises. She eventually found a terrace house near Oxford Street, Sydney, NSW.
The owner of the premises was willing to enter in a 12-month lease, however, Ellen waited for a week so that she could check with the local council as to the suitability of her business. Followed on, Ellen went to the council office and identified the counter marked as -Business Inquiries-.
She asked several questions to the attended council employee including a question about building work in the area. She asked: -my meditation studio requires a calm environment. Is there anything that could cause noise nearby?-.
The council officer was called away before being able to answer. Upon return the officer had a very quick look at the computer and replied to Ellen that: -relax everything will be fine-. After gathering together the council information, Ellen then signed up the lease on the next day. But, within two weeks of the opening of the meditation studio, she found that some builders' men were started working next door.
She asked one of the builders as to how long they would be working. The worker replied in that -It's a big job, a total renovation. It should take at least 6 months-. Although Ellen tried to run her meditation studio, but the noise from the building was too stressful. Clients were not happy. After a month into the lease, Ellen was so stressed by the development of construction noises from next door which resulted in a nervous disorder to her. This gave rise a threat to her career in alternative medicine. Ellen even reduced the operating hours of her meditation studio to avoid the construction noises. This reduction ultimately resulted in financial distress which caused her falling behind in paying rent for the premise.
Based on the above you are required to write a case study report (minimum length is 1,500 words). In your demonstration, not least, you must answer the following questions:
• Issue 1: Explain critically as to whether Ellen has a claim against the council in relation to the advice she had received.
• Issue 2: Has there been a breach of contract between Ellen and the Landlord for non-payment of rent?
• Issue 3: Has there been a negligent misstatement by the Council worker?
The case study must be done individually. You are required to submit the case study report in Tumitin on Moodie site of this unit and a copy to email@example.com by the due date.
In this exercise, students are required to apply their knowledge of Contract Law and Tort Law to analyse a business problem.
In this written report, students should identify the major legal issues, identify relevant legal rules and precedents, apply the rules to the facts and recommend a solution. Further details and additional hints of how to write the report will be provided during the term.
Legal Problem Solving
To ensure the questions have been appropriately answered and provided the required level of 'legal advice', the students should undertake the following IRAC (Issue, Rules, Application, Conclusion) method of legal problem solving as a guide to answer, not least, the following legal problems:
2. Issue(s) — identify the relevant aspects that need to be resolved.
3. Rules and Relevant Law — state the relevant law (common law and/or legislation) that will be used to resolve the issue. Students should summarise the relevant law using their own words with appropriate acknowledgements of source materials and law, (i.e., referencing).
4. Application — apply the law to the facts.
5. Conclusion — There may not be a clear 'right or wrong' answer. Students should conclude by stating in whose favour the issue is likely to be resolved.
Hints: Please note that if there is more than one issue to be resolved, the IRAC method can be used to solve problems in each aspect separately. You can access the Wikipedia page below for further information on IRAC: https://en.wikipedia.org/wiki/IRAC