Question
Mrs. Miggins owned a repertory cinema in which the movies of Fred Astaire alternated with the movies of Bette Davis. At the front of the
Mrs. Miggins owned a repertory cinema in which the movies of Fred Astaire alternated with the movies of Bette Davis. At the front of the theatre was a small room containing a kitchen from which Edmund operated a concession selling coffees and healthful snacks. Mrs. Miggins and Edmund had entered an agreement in which Edmund was referred to as the "tenant", and Mrs. Miggins was referred to as the "landlord". The relevant clause of the agreement read as follows: The landlord and the tenant agree that the tenant shall have exclusive possession of the premises for the purpose of operating a concession stand on the nights on which movies are shown, and the landlord covenants not to permit any person other than the tenant to operate a concession within the theatre on the nights when movies are being shown. The tenant's rights under this lease shall continue for a period of 5 years, commencing January 1, [two years ago]. In March of last year, Mrs. Miggins sold the theatre to a company which intended to change the theatre to one showing an ever-changing programme of martial arts movies. The new owners gave notice to Edmund that, effective immediately, the locks were being changed, and he would no longer be allowed entry into the building, except as a paying visitor. (a) What is the nature of the relationship between Mrs. Miggins and Edmund? Please state all factors upon which you base your conclusion. (5 MARKS) b) Assume you are Edmund's lawyer. Explain to Edmund what his legal position is. Specifically, advise him whether he has a cause of action against anyone, (i.e., can Edmund successfully sue anyone?)
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