Property Law Project: Case Analysis on Property Law Principles

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Added on  2021/02/21

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This project delves into the intricacies of property law through the analysis of four case studies. The introduction establishes the fundamental principles of property law, emphasizing its role in defining ownership and duration. Each case study explores different scenarios involving landlords and tenants, examining their respective rights and obligations. Case 1 focuses on a rental agreement dispute, outlining Melissa's legal options against a non-paying tenant, and David's responsibilities. Case 2 assesses liability for property damages, determining the amount Mr. Bob can retain. Case 3 investigates responsibility for a fire caused by a faulty heater, and Case 4 clarifies repair responsibilities for various items in a property. The project concludes with a discussion on the rights and obligations of both parties when a tenant pays for repairs. The project uses legal principles and references to provide a comprehensive understanding of property law in various contexts.
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(Project 2) Property Law
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Table of Contents
INTRODUCTION...........................................................................................................................1
CASE 1............................................................................................................................................1
1. Explain the legal principles involved in the following given case scenarios..........................1
2. What rights does Melissa have and what actions can she take and explain the obligations of
David in this scenario? ...............................................................................................................1
3. Highlight the expected results of this scenario by using specific rules and laws...................1
CASE 2............................................................................................................................................2
4. What rights and obligations are available for both parties?....................................................2
5. Is Mr. Justin liable for $1324.21? If not, how much amount is Mr. Bob entitled to retain
and how to deal with the balance amount?.................................................................................2
CASE 3............................................................................................................................................2
6. Who would be responsible for the fire and what are the remedies available to other party?. 2
CASE 4............................................................................................................................................2
7. Who is responsible for the repair of each item? .....................................................................2
8. Assume tenant paid for the repair of each item? What are the rights and obligations for both
parties?........................................................................................................................................3
REFERENCES................................................................................................................................4
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INTRODUCTION
Property law is defined as the law which governs that what people actually own and upto
what duration does they hold. It is important because it helps to protect the rights of individual
towards the property. This report will be based on property law by the way of solving various
case studies.
CASE 1
1. Explain the legal principles involved in the following given case scenarios.
In the given case, the legal principle that are involved is related with property law were
Melissa is going to give her flat on rent. It is necessary that proper contract should be done that is
related with rent agreement in which every single detail is required to be written. Even it will
also tell about the remedies that can occur if any of the term and contract is breached (Crowne,
2017).
2. What rights does Melissa have and what actions can she take and explain the obligations of
David in this scenario?
In this case, Melissa do have the legal rights to take action against David in this case
where she can sue to David for not paying the rent since last 11 months. It is was necessary for
both the party that term and condition of agreement should be fulfilled in this case. Even Melissa
and force them to leave the house which she had given them on rent and claim fine from them.
Form David point of view, its his obligation to pay the complete amount of money i.e., $3,6000
per month.
3. Highlight the expected results of this scenario by using specific rules and laws.
The expected result that can be obtained from this case is that case can be failed where
different level of court will be involved. Fine can be imposed on David for breaching the term
and condition of property law. Also, court can grant additional period of time to David for the
repayment of rent and there is the possibility that court and even set the standard that are
required to be followed by both the parties.
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CASE 2
4. What rights and obligations are available for both parties?
Although, both of the party didn't perform there part of work as per the required
guidelines but it is necessary that roles and responsibilities are to be done. In case of landlord, he
is entitled to receive the sum of $1075 of changing the carpet and in case of houseplants he can
take $60 from tenant (Pasternak, 2015). When it comes to tenant, he is not allowed to force
landlord to change the carpet because it was his duty to take care of the property and even the
life cycle was of 4 years. So, there tenant is not allowed to force to change the carpet without any
charges.
5. Is Mr. Justin liable for $1324.21? If not, how much amount is Mr. Bob entitled to retain and
how to deal with the balance amount?
No, Mr Justin is not liable to pay $1324.21 as it is not the actual amount that has occurred
from the loss. Here, Mr Bob is entitled to retain on $1135 only. The remaining amount of loss is
required to be suffered from landlord himself. As, lose amount was only $1135 and because of
that there is no requirement to pay $1324.21.
CASE 3
6. Who would be responsible for the fire and what are the remedies available to other party?
In the given case, it has been found that overheating was the main reason behind the fire.
Although, there is irresponsiveness can be found but that cannot prove that landlord causes the
fire or tenant causes the fire. But, the report of fire brigade clearly shows that heater cover
provided by the landlord was the main reason behind the fire. So, tenant have the opportunity to
claim for the loss that has suffered because of landlords fault.
CASE 4
7. Who is responsible for the repair of each item?
As per the property, it can be understood that person who stays in particular property is
required to maintain each and every item properly (Frankel, 2016). In this case, it the beginning
landlord is required to give every thing In proper way and after that it is necessary that tenant
must pay for the damages.
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8. Assume tenant paid for the repair of each item? What are the rights and obligations for both
parties?
Once, tenant pay the amount of repair money it is the obligation of landlord that
everything must be repaired on specific period of time and if it is not done then legal action can
be taken.
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REFERENCES
Books & Journals
Crowne, D. (2017). Supreme Court of Canada upholds worldwide interlocutory injunction
against Google. Journal of Intellectual Property Law & Practice.
Frankel, S. (2016). Interpreting the Overlap of International Investment and Intellectual Property
Law. Journal of International Economic Law. 19(1). 121-143.
Pasternak, S. (2015). How capitalism will save colonialism: The privatization of reserve lands in
Canada. Antipode. 47(1). 179-196.
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