Question
REQUIRED -write a solution to the case study: Susan owns a beauty business entitledSusan'sSilver ScissorsandBeauty.Susan leases the premises upon which the beauty business is situated
REQUIRED -write a solution to the case study:
Susan owns a beauty business entitledSusan'sSilver ScissorsandBeauty.Susan leases the premises upon which the beauty business is situated from Patrick, the landlord, in the amount of $1500 a week.When the original term of the lease endsSusan,in a hurry one afternoon, goes to see Patrick to execute a new lease document.Under the terms and conditions of their new lease it includesClause 2.1that states"the rental amount may be increased without notice by the landlord atany time during the12-month periodfollowing the exercise of an optionto extend the lease".On the afternoon thatSusan signs the lease she was in too much of a hurry to read the details and ask is this the same lease as we had before?Patrick answers "basically, there's a few changes with respect to the way rental increases occur".Well, "that's great" saysSusan and signs the document without reading it and leaves in a hurry.
One of the servicesSusan offers customers is waxing. Jenny comesinto Susan's shop and asks if she can do facial hair to which Susan replies yes certainly. Jenny tells her that it's very important that the wax is not too hot as she has a particular skin condition that is very sensitive to chemicals or heat and other materials also Susan assures her that this would be OK and there's no problem. The following week Jenny comes in 2 have her waxing done but Susan is out for lunch.Instead, Selena,Susan's casual employee, takes Jenny in to do the waxing.Unfortunately, Selena allows the wax to be overheated and when she applies it Jenny screams and pulls away violently. Selenaimmediatelyremoves the waxing rod and Jenny jumps out of the chair and runs out of the shop crying. Selena doesn't know what to do so she puts the waxing equipment away and, being too traumatised from the experience, leaves the shop and looks for work elsewhere without telling anyone about the incident.
Two weeks later Susan receives a solicitor's letter from Wolfram and Hart solicitors,claiming apersonal injurysuit on behalf of Jennywhich includesimages that show a severe burn and discoloration onJenny's top lipand face. Susan writes back to them saying that she knows nothing about it, and that there must be some mistake.Later in the same week,Susan receives a letter from the landlord's solicitorHamlin & McGillsaying that due to the increases in interest ratesPatrick is forced to put the rent up to $2500 a week effective after 30businessdays. Susan comes to you desperately seeking advice and tells you that she cannot afford to have these problems, and that it will send her broke. Additionally, she tells you that there is a sign in the waiting room that says "no responsibility taken for anything arising from the performance of beauty therapies". She asks you for legal advice.
Advise Susan whether the warning in the shop is valid 10 marks
Advise Susan whether she has any liability 10 marks
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