The Key Aspects of Legal Analysis - Essay Example

Legal Analysis Name Course Tutor Institution Date of submission Part 1: leasing and property 1.1 items that the landlord needs to provide the rental property The first thing that the landlord supplies is the standard leasing contract. It is the most paramount item that shows the willingness of the landlord to rent the item without coerce of mixed feelings (Commercial Leases 2015). Therefore, a detailed analysis of the right documents that are supposed to be supplemented after the prior to making a full consent of taking the property is appropriate. There are several other items that the landlord needs to offer before commencing the process of payment of the rent to the landlord of this particular premise. The first document is the letter of offer. It is imperative for the landlord to expresses preliminary correspondence by issuing this document that sets some basic terms and conditions regarding a proposed lease. A letter of offer may not be provided in all instances especially if the lease period is less than six months (Commercial Leases 2015). However, this case requires that the landlord issues one. Another thing that should be issues is the agreement for lease. The landlord has to accept the lease provisions at a later date. It is important to have this letter since it acts as a deed in case the landlord intends to dispute his or her willingness to enter a contract. It is a supplementary supportive document to any other form of lease document that the landlord would be willing to share. It is also imperative to consider the right date for commencement. The date to start the contract is when the landlord and the tenant sign an agreement, and it becomes legally binding. However, it is also paramount ascertain that the lease is by any legal entity or individual such as the lawyer. That includes the fact that it will be imperative for the landlord to supply me with appropriate dates and periods within which the landlord intends to renew the lease (Commercial Leases 2015). The approach is necessary especially in the context that there are some landlords who will not honor their word. That is; they are likely to ask back for the extra space that he intends to rent without considering the level of investment made. Another set of things to consider is the common areas and permitted use. First, it is important for the landlord to certify some common areas associated with the rooms that he intends to rent. That will give me clarity on the spaces that are accessible to me and the subsequent customers without causing havoc amongst fellow tenants. Some these areas include the toilets, gardens, leisure facilities and the parking areas outside the subsequent rooms. Besides, the landlord will have to guarantee permission of use. The permitted use clause is imperative in the aspect that it helps determine the exclusive rights over specific areas of operation. The description of the feasible use of the premises creates clarity concerning operations that may not be accepted. That gives an opportunity to make an alternative decision concerning the premises and the agreement in entirety. That includes discussing the need for exclusivity. It is also imperative for the landlord to provide a detailed layout of the key money and good will. Entering into a lease agreement requires that a specific amount of money be paid to secure several tenant privileges. These include granting, renewing and assigning of the lease contract. Also, the trading landlord out to stipulate his designated trading hours. It is important to watch on this very essential attribute of trade as designated in the Trading (Allowable Hours) Act of 1990 (Commercial Leases 2015). Additionally, the provisions of the Queensland Industrial Relations Commission allows to extended trading meaning that some of the stipulations will have to get considered. 1.2 obligations and liabilities under clause 5.1 The clause 5.1 demands that the tenants ought to show consent over any dealings that the landlord intends to inculcate in the form of writing. Arguably, provisions of the clause are that signing of the agreement means that I give consent and that I do not have a platform to complain if the terms and the conditions suppress the operations of the business. There are several obligations as stipulated in the clause 5.1. First, it is the leases’ obligation to assess whether the proposed enhancements and developments in the restaurant will affect the material or functional capacity of the trade. Besides, I have the obligation of ensuring that I make a decision that will not affect the trade. The Clause provides an alternative in case the landlord’s demands are not suitable to the business environment (Commercial Leases 2015). The fact that I agree or show some magnitude of happiness concerning the proposal by the lessor shows leaves me with a set of liabilities. For instance, all the losses that occur in the trade as a result of the temporary restricted space are a personal liability. Signing the consent form from the lessor means that all the attributed losses are not supposed to mean any form of responsibility to the lessor. 1.3 Are the extract (ceiling) fans fixtures? The landlord incorporates that one must install the new extractor fans slightly above the ovens to reduce the smoke damage to the ceiling. The requirement, however, does not matter who made the proposition. However, it depends on the issue of what is supposed to be done. First, the fans proposed by the landlord belong to the classification of fixtures and fit-outs. Fixtures are additional installments or equipment that are attached or installed in a house after the original construction of the house (Commercial Leases 2015). Accordingly, the fans are fixtures. In case the tenant does the fixtures, it is usually rightful to ensure that the tenant owns that fixtures especially if they are retrievable. There are several channels to make a decision on who should own them. First, there should be a decisive discussion between the tenant and the landlord before agreeing to sign the agreement. The discussion revolves around the right of the tenant to retrieve the fixtures during exit. There are scenarios where the fixtures can be on the premises. That is when the fixtures are not recoverable (Commercial Leases 2015). Examples are those associated with plumbing. In this case, the landlord’s proposition does not intend to show any form of disguise. However, he intends to ensure that the premises and the restaurant do not lose the presentation through the smoke emitted. That means that is feasible to take the fixtures with me as I vacate the premises. However, it remains the jurisdiction of the tenant to move with the fixtures or not. For instance, the business may have covered the costs of these costs meaning that moving or not moving with them would not change a thing (Commercial Leases 2015). That happens especially when the frequent removal of the fixtures may lead to unreasonable damage to other structures or defacing the premises in an unlikely manner. Part 2: Contracts 2.1 facilities not in good working order There are three variables that ought to get considered in such a scenario. First, there is fixed equipment on the premises that are being leased. Secondly, the signed lease agreement stipulates that all the equipment must be in good order. Finally, the reality of the issue is that the oven is not working. The scenario is controversial especially with regards to the aspect that the two parties had entered the contract. It is the process of assessing the equipment ought to have been done prior to the signing of the lease agreement. Signing the lease agreement means that both parties are aware of what is transpiring and the conditions of the equipment. It is at this time that the claims for compensation remain valid, prior to the signing of the lease agreement. However, it becomes quite complicated for one to claim that some equipment from the landlord especially with regards to the argument that they are not working. The claim would be contradicting the fact that the two parties entered an agreement showing that the agreement must have been biased. It can be the claim is invalid and that it is feasible that the oven lost its functionality after taking over the premises. Therefore, the tenant takes the liability for negligence and repairs or replaces the oven indefinitely. 2.2 Relevant contractual issues that can be The synopsis of the scenario involves some issues. The first one is of entering into an oral agreement between me and my brother. The accompanying one is the fact that the supply is distorted and does not meet the expected standards. The third one is that I intend to defer from the oral agreement using contractual policies and arguments. Accordingly, I intend to ensure that I do not compensate for the fish. The issue here is enforceability of the contract. The contemporary case is an oral agreement that does not have any form of writing as a symbol of the agreement. The attempt to deny or refuse to pay for the purchases could be by several professional attributes associated with the law of contract. The major concept that will support the falling out of the agreement is that of the oral agreement (verbal agreement 2015). It is not unlikely to find that the oral agreement is enforceable. However, that can only happen if both parties are interested and are willing to settle the agreement as per the stipulated policies within the contract. However, the beneficial side of such a contract to the contemporary issues is that there are scenarios that make it hard to enforce the agreement despite the fact that both parties are aware of the agreements. The first argument is that verbal or oral agreements are notoriously difficult to prove. That makes the process of enforcement time consuming and to some extent impossible. My brother may be willing to follow up and sue me for not respecting some contractual agreement that about to cost him some funds (verbal agreement 2015). However, he needs to have substantial proof showing that he sure and certain that the agreement ever existed. That is so assuming that all other factors and methods of secret recording are held constant. The fact that a written document is not available means that it is hard for the plaintiff in such a case to prove his allegations. Therefore, it is possible to exclude oneself from the agreement primarily because the consignment that had been delivered does not respect the expected qualities and value fish ordered. First, the issue of entering into an agreement is objected by the fact that there is no solid evidence whether such an agreement was made (verbal agreement 2015). In fact, it is possible to exaggerate that I do not enter into agreements without signing confirmatory documents. Thus, it will be possible to avoid paying for the bad fish using the contractual arguments that are vividly valid. Obligation to sell the T-shirts to Zena at $5.00 each The scenario contains a series of issues. The first one is the authorization made to Carol to sell the special t-shirts at a discount to 15 dollars per t-shirt. The second one is that of Carol’s adjustment of the discount from 15 dollar discount to 5 dollars. The third one is that of the contractual obligations to sell the t-shirts to a prospective customer. Initially, the cost per t-shirt was 20 dollars. However, Carol executes her responsibilities but fails to honor the price that the owner of the t-shirts stipulates. The fact that a customer intends to buy the thirty t-shirts is realistic. Arguably, the law of contract says that one is supposed to honor the stipulated terms of the contract. Remember, the price under discussion here is 5 dollars that are on the wall. Arguably, it is the responsibility of every vendor to ensure that he or she honors the terms of the contract (Lester 2001). Price is one of them. Therefore, the t-shirts have to be sold to the customer at the stipulated 5 dollars per t-shirts. Attempts to sell the products at 15 dollars is likely to break the trust background, as well as, the contractual agreements. Therefore, it is my obligation to sell the products at 5 dollars per t-shirt until the prices are to the appropriate 15 dollars price per t-shirt. 2.4 selling of the fridges There exist several issues worth considering in this transaction or agreement process. The first offer price was 5, 000 dollars despite the counter price by Tina at 4, 800 dollars for the same items. However, Tina latter cancels the first counter price and accepts to buy the fridges at 5, 000 dollars as soon as possible. These counters have different meaning with regards to contractual negotiations. First, Tina refuses to take the fridges at the initial price offer and intends to buy them at 4, 800 dollars. The most relevant aspects of a contract are the offer and acceptance. Therefore, the prices settled in such a contractual negotiation are only supposed to honor that principle. The initial offer was 5, 000 dollars. However, Tina intended to negotiate the price of the fridges at 4, 000 dollars. The ineffective communication between the two parties is likely to hinder effective agreement with regards to the contract. Therefore, it appears upright to inculcate that the process of agreeing to take 4, 800 dollars price negotiation is not part of the offer and acceptance. That features especially if Tina did not bring forth another price negotiation to take the earlier price of 4, 800 dollars into consideration. Therefore, the fridges have been sold. The price used is approximately 5, 000 dollars for the fridges. It is the price that was offered and Tina accepted despite the slight efforts to negotiate for it. Thus, selling the fridges at 5, 000 dollars honors the offer and acceptance policy. 2.5 restrictive clauses In scenarios where no policies or clauses were signed, it is possible to engage in personally initiated resignation or double contract. The only requirement is that one informs the current employer before leaving or making such a move. The rationale is that the law protects the initial company from suffering damage of losing functionality due to one’s unavailability associated with dual contracts (Lester 2001). George’s case is quite different. The employment letter contained a restricting or enslaving clause that required George to remain in the Restaurant for five years and not to work for any similar business establishment around South Australia. Most importantly, with or without the consent of the clause, George signed the letter that signifies that he gave consent to the single clause that restricts him from serving a restaurant within South Australia (Lester 2001). Unfortunately, The Kangaroo Island in Australia is situated in South Australia. That makes sense as far as the employment restrictive clause is concerned. Accordingly, George is restrained by the letter of leaving the organization and going to another restaurant. Therefore, he either moves beyond the stipulated borders or waits for the five years to erupt, then he can move. Bibliography Commercial Leases - Main issues to consider. (2015). Retrieved from https://www.smallbusiness.wa.gov.au/business-in-wa/about-sbdc/corporate-publications/business-guides/commercial-leases-main-issues-to-consider/ Is a verbal agreement legally binding? (2015). Retrieved from http://www.findlaw.com.au/articles/5626/is-a-verbal-agreement-legally-binding.aspx Lester, G. (2001). Restrictive covenants, employee training, and the limits of transaction-cost analysis. Ind. LJ, 76, 49. Read More