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Quinn leased a small retail shop from Chaplin for the purpose of establishing a fruit and vegetable market. The lease was drawn for a three-year

Quinn leased a small retail shop from Chaplin for the purpose of establishing a fruit and vegetable market. The lease was drawn for a three-year term, commencing May 1, 2011, and provided for a total rental of $36,000, payable at $1,000 per month. The first and last months' rent were due on May 1. Quinn paid the two months' rent and moved into possession. A month later, and a few days after the rent for the month was due, Chaplin discovered that Quinn had sold the business to Rizzoto. The sale was contrary to the terms of the lease, which permitted assignment of the lease only on consent. Chaplin immediately went to the shop and, when Rizzoto arrived, told him that he was not willing to have anyone but Quinn operate a shop on the premises. Chaplin advised Rizzoto that Quinn was in breach of the lease by assigning it without his consent and suggested that Rizzoto seek out Quinn to get his money back. Chaplin then contacted a licensed bailiff and gave him authority to collect the rent owing. The sheriff went to the store and made an inventory of the stock and equipment, which he valued at $5,000 and $6,000 respectively. He then changed the locks on the door and posted a notice on the premises that informed the public that the landlord had taken possession for non-payment of rent. The next day he notified Quinn and Rizzoto that he had distrained the chattels in the shop on behalf of the landlord. He advised the two parties that they had five days to redeem the chattels by payment of the arrears of rent, otherwise the chattels would be sold. Quinn and Rizzoto made no attempt to pay the rent. The bailiff later attempted to sell the business, but was unsuccessful. Eventually his services were terminated by Chaplin. Chaplin did not attempt to rent the premises and retained the stock and equipment. In December 2011, he brought an action against Quinn for damages for breach of the lease. Discuss the particular issues that are raised by this case and indicate the arguments that the parties might present with respect to each. Render a decision.

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