fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a...

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fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans.
	
Document Preview: The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans. While Angelo has had no problems leasing on-site caravans for a month or two at a time, he is having difficulties finding people who wish to lease an on-site caravan for a period of 12 months or longer.Angelo leases an on-site caravan to Christie at a weekly rental of $150 for a period of a year. After the expiry of the year, Angelo tells Christie that he needs to increase the weekly rental by $50. Christie tells Angelo she does not think she can afford the increase, and that she has heard of a caravan in another caravan park which may be available for $170 per week. Angelo says to Christie, “I will see what I can do”.The lease between Angelo and Christie is renegotiated for a further 12 months, but the rent is increased to $200 per week. Angelo, however, enters a verbal agreement with Christie that he will accept $175 per week, and this is the amount Christie pays.Ever since Christie arrived, she has had a number of loud parties and the tenants in the neighbouring caravans have often complained about the noise. Although Angelo has ignored these complaints for some months, the sheer number he has received has finally forced him to act. Angelo serves a notice on Christie claiming arrears in rent; the difference between the amount stated in the lease ($200 per week) and the amount she had been paying as a result of her oral agreement with Angelo.Required: Discuss whether Christie is required to pay the arrears in rent claimed by Angelo. Refer to relevant legal principles and case law in your answer.			(15 marks)Ali is one of those who complains. He also signed up for a 12 month period after Christie had been there for around 10 months. Before he signed the lease, he explains to Angelo that he and his family were recent immigrants to Australia from a war zone. He needs somewhere quiet for...

Robert · Accepted Answer

Law
Fundamental law
Answer 1 Angelo v/s Christie 
· Introduction
The given case discusses a situation where in a caravan was given on lease to Christie. Angelo is the owner and Christie has to pay him the lease amount. On renewal of lease, it was verbally agreed that Christie would pay Angelo $175 and not $200. On this basis, when Christie does not follow the code of conduct, it results in Angelo asking for the rest of the balance or the difference of $25 per week. 
· Background 
In case of Angelo v/s Christie, the problem here is the breaking of the code of conduct and not abiding by the code of conduct which is also a part of the contracts made by Angelo while leasing out caravans in the caravan park. This results in he having a right to ask Christie to abide by the code of conduct as per the contract or she would have to leave as she has been disturbing other residents of the caravan park and that there have been several complaints against her (Dukand & Kris, 1999). 
· Issues
The issue here is that Angelo has wrongly demanded for the difference amount rather than explaining the fact that Christie has not been abiding the code of conduct. This results in conflict of interest of the parties as the contract was made in good faith and the verbal agreement was a part of the contract. Since Angelo has already agreed to accept $ 175 instead of $ 200 he does not have a moral right to ask for the difference. Yet as the written contract states $200 as the monthly lease payment, if Christie cannot prove that there had been a verbal agreement, then she may have to pay the difference amount. Yet since it has been accepted by Angelo for so long in the form of $ 175, he cannot disprove the verbal agreement (Swayne, Duncan & Ginter. 2005). 
· Law
The contract law as well as the law of lease is applicable in this case. As per the contract law, rules stated in the contract including the code of conduct have to be strictly adopted. If it is not abided by then it can result in immediate termination of the contract or the lease. On this basis it is quite possible that Angelo can terminate the lease with Christie which is causing a lot of trouble in the caravan park. The several complaints received by Angelo substantiate his stand (Pete B, 2005).
On the other hand, as per lease regulations the amount stated in the contract shall be accepted as the lease amount unless and until proven otherwise. In this case as there has been acceptance of $175 per week for some time, it proves that there must have been a verbal agreement since there was no other notice issued earlier asking for the arrears (Swayne, Duncan & Ginter. 2005).

fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans. Document...

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