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CLWM 4000 Business & Corporations Law Assignment

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Question:

Chloe is a naturopath practitioner whose business is steadily picking up. Recently she has been thinking of opening a meditation studio in the leafy suburb of Burnside. She found a perfect place but before signing the 2 year lease with the landlord, she went to the Burnside Council to check if there were any building works scheduled to happen close to her intended premises as she needed a quiet environment for her meditation practice. She spoke to the person sitting in the front desk attending to general enquiries and told him about her business and that she wanted to check before signing the 2 year lease.
 
The council officer checked on the computer to see if there were any planning approvals close to Chloe’s intended studio. While doing this he was called away to attend to another matter. Upon returning to his desk, he has a cursory glance at the screen and said “it should be fine”. Chloe signed the 2 year lease. 6 months after opening her business, big heavy machineries arrived at the property next door. When Chloe asked the workmen what was happening, she was told that they were doing a major renovation next door including knocking down a few walls. The noise made it impossible for Chloe to continue her practice. With the on-going noise and the failure of her business Chloe is now suffering a nervous disorder. Had she known there was going to be building work next door she would not have leased the premises.
 
Chloe has moved out of the premises and stopped paying rent. She wants to get out of her contract with her landlord as she is now no longer able to continue her practice. The landlord is threatening to sue Chloe for breach of contract. Chloe comes to you for advise. She wants to sue the Burnside Council. Will she be successful? Subject Code: CLWM 4000 Subject Name: Business & Corporations Law Assignment Assessment Title: Assignment Length 1200 words +/- 10% Weighting: 30% Total Marks: 30Marks Submission: Via Turnitin Due Date: Week 10 .
 
Note the following when answering the assignment question
1. This assignment accounts for 30% of your assessment.
2. Use the IRAC (Issue, Rule, Application & Conclusion) method you have been taught in class during tutorials to answer this question.
3. A good answer will identify the issue/s in question, state the relevant law clearly, apply the law to the facts in the question and argue well using relevant cases.
4. It is your responsibility to be familiar with Kaplan’s policy on ? Academic Integrity and Conduct policy ? Plagiarism ? Referencing – acknowledging source of research materials ? Ghost writing/contract cheating ? Turnitin – similarity (and time needed for similarity reports to be returned) Important Study Information Academic Integrity Policy KBS values academic integrity. All students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Academic Integrity and Conduct Policy.
 
For details on academic integrity policies and penalties, the reassessment process, and the appeals process, please refer to . Word Limits for Written Assessments Submissions that exceed the word count by more than 10% will cease to be marked from the point at which that limit is exceeded. Study Assistance Students may seek study assistance from their local Academic Success Centre representative or refer to the study help on the MyKBS Academic Success Centre page. You can find this by clicking on the top page toolbar:
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