Answer all questions in IRAC format. You may have more than one IRAC per question. Write accurate issue statements: Issue = party names + name of the rule of law + key fact. Include comprehensive rule statements, including all rules of law the court will need to fully analyze the fact pattern and arrive at a legally sound conclusion. Analyze all facts (evidence) presented. Argue both sides of all debatable issues. Reach a decisive conclusion that clearly articulates whether defendant is liable and why. Prioritize your discussion. How you prioritize and emphasize issues in your answer may affect your grade. Read the questions very carefully. Answer the questions actually asked. Reference to course reading and materials as much as possible and relevant to show you have mastered the material. Cite all your sources. Any citation format is acceptable. If any additional information would be useful in your analysis, indicate what information would be helpful (and why it would help) and then state your assumptions in order to proceed with your analysis. While generally your answer should be based on legal principles, you are also welcome to address other perspectives and concerns.

IRAC 1

FACTS: Leah rented a furnished apartment in her building to Tia, a real estate law student, for nine months, beginning June 1. Tia prepaid the first month's rent. When Tia arrived at the apartment on June 1, Ralph, the prior tenant, was still there despite the fact Ralph's rental term had ended on May 15.

Tia complained to Leah and Leah was able to evict Ralph by June 15 but refused to refund Tia's prepaid first month's rent for June. Tia took possession of the apartment on June 16. The apartment above Tia's was occupied by Coco, a member of an up-and-coming band, The Noise. The band's daily rehearsals interfered with Tia's studies so much that she complained repeatedly to Leah about the continuing noise. On July 15, The Noise were arrested at Coco's apartment for disturbing the peace. After that Tia was spared the noise from rehearsals.

Beginning July 16, the shower in Tia's apartment delivered only cold water. Tia complained, and Leah promptly hired a plumber to fix the problem. The repair only worked for a week. Tia was too busy with her studies to tell Leah.

On August 30, Tia's stove in her apartment stopped working. On August 31, Tia, disgusted with all these events, knocked on Leah's door, gave the key to Leah, and said, "This place is a zoo; I wouldn't live here if you paid me!" Leah took the key and said, "Sure, okay, if that's how you feel." Tia stopped paying rent and never returned to the apartment.

Leah commenced a lawsuit against Tia for breach of her lease and special damages for past due and prospective rent.

What arguments may Leah reasonably raise in support of her lawsuit, what counterclaims and defenses may Tia reasonably assert, and what is the likely outcome? Discuss.

IRAC 2

Sue Seller is a recent college graduate living in a neighborhood south of Los Angeles. She was studying too hard at the library one night and was engaged in the dangerous practice of walking while reading BLAW. She ran into a wall and broke her nose. She never regained her sense of smell and, to this day, cannot smell a thing.

She entered a contract to sell her home to Blake Buyer, whose only visit to the home was at a Sunday open house. Blake hired inspectors to conduct inspections of the home during the due diligence period. The house was relatively new and in great condition. The inspection reports indicated only a minor roof leak, and Sue agreed to repair the leak before the close of escrow. All other elements of the transaction went smoothly and Blake purchased the property and moved in. He was alarmed one morning when he was awoken to the stinky smell of fertilizer. Sue did not tell him that the neighbors three doors down ran a non-profit landscaping company, and they received 1,000 pound deliveries of steer manure each Monday morning. The smell would linger until all the manure was removed on Thursday afternoon. (Assume NO ZONING violations.)

What arguments may Blake reasonably raise in support of his lawsuit, what counterclaims and defenses may Sue reasonably assert, and what is the likely outcome? Discuss.