11. Підстави дострокового розірвання договору

11.1. Цей Договір може бути розірваний достроково в порядку та на умовах, що визначені у ст. 825 Цивільного кодексу України.

Reading 4. CASE REVIEW

Key vocabulary: the outcome of disputes, commercial property leases, tenants, a law firm newsletter, quiet enjoyment, covenants, to comply with, a lease, reasonable precautions, possible precautions, contractors, scaffolding, sheeting, premises, to come into conflict, to co-exist, to take priority over, to be costly and impractical, a copy of the estimate, to take reasonable steps.

Legal publications which present the outcome of disputes involving commercial property leases are of interest to lawyers, landlords and tenants alike. The decisions in such cases indicate how courts in a jurisdiction tend to rule in real property cases, and are therefore useful for parties when preparing a court case. The following account of a case was published in a law firm newsletter.

Quiet enjoyment

Goldmile Properties Ltd v. Lechouritis

What steps must landlords take, in deference to their covenants of quiet enjoyment, when complying with their repairing obligations under a lease? Is it enough for a landlord to take all reasonable precautions - or is the landlord required to take all possible precautions - to avoid disturbing its tenant?

The landlord brought in contractors to repair and clean the exterior of a building, which was let as a restaurant. The contractors erected scaffolding and fixed sheeting to the exterior of the premises. The interior of the premises became dusty and dark, and the restaurant appeared closed.

The Appeal Court said that, where the provisions of any contract come into conflict, they are to be interpreted and applied to give proper effect, where possible, to each. The landlord's obligation to keep the building in repair had to co-exist with the tenant's right to quiet enjoyment and vice versa. Neither obligation should take priority over the other.

It would have been possible to restrict the work to the days on which the restaurant was closed, but this would have been costly and impractical. The landlord had sent the tenant a copy of the estimate for, and had agreed to spread the cost of, the work. It had also postponed the start of the work to avoid interfering with the tenant's busiest period and had arranged the work to meet the tenant's requirements in so far as it could.

The landlord was under an obligation to take all reasonable steps - but not all possible precautions - to avoid disturbing the tenant, and had done so.

Post-reading task. Answer these questions.

1. Which business sector is involved in the case? Is the case in question relevant for other sectors of business as well?

2. The concept of quiet enjoyment is central to the case. What does the term mean? Is there a comparable concept in your own jurisdiction?

Ex. 8. Find words or phrases in the above text, which match these definitions.

1. An agreement that the lessee can use the property in peace without being disturbed

c …………. of q ………….. e …………...

2. Something done in advance to prevent harm - p ……………….

3. Someone who enters into an agreement to perform a certain service or provide a certain product; (here) a company or trader which agrees to provide construction work - c………………..

4. The expected cost of work to be done - e …………………..

5. To put off or delay until a later time - p …………………..

Speaking 3. CASE DISCUSSION

Ex. 9. Discuss these questions in small groups.

1. What is the difference between reasonable precautions and possible precautions in the present case?

2. The Court reasoned that 'where the provisions of any contract come into conflict, they are to be interpreted and applied to give proper effect, where possible, to each'. How is this statement to be understood?

3. Do you agree with the Court's ruling in this case?

4. What do you think the outcome of such a case would be in your jurisdiction?

Reading 5. NOISY NEIGHBOURS

Key vocabulary: condo, racket, to tear her hair out, cypress-wood beams, exposed-brick walls, lease, to be jolted awake, to blast the TV at full volume, to wail and scream, court petition, to bang on the ceiling and pipes, the clanging echoed, the condo board, log, lobby, din, to ticket, to file a lawsuit against the condo association, The Declaration of Condominium Regime, nuisances, noxious or offensive activity, to take prompt action against the owner of the condo, to enforce the rules, to fine the owner of the condo unit, to award damages, intentional infliction of emotional distress, to contend, the condominium association, to impose fines, to enjoy property, a condo board.

Read the following text about the disturbed peace and answer the questions after it.