IRAC format Case

The instructions is in the file, as well as the case to read. Double space, 2-3 pages.

IRAC Instructions
● 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 the
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.
THE CASE:
Ten years ago, Kim built a large open-air theater which served as an outdoor
entertainment venue. On weekdays, Kim would rent the venue to the local comedy
clubs. On weekend evenings, Kim would host major music concerts. Since Covid,
the demand for outdoor venues increased and business was booming- with
concerts almost nightly. The theater employs about 200 people and has been a
focus of the city’s cultural scene. When built, its location was near the edge of the
city. As time went by, city development expanded to include housing in the vicinity
of the theater. Kim purchased some nearby buildings as an investment and
operated them as residential rental apartments, even providing a 10% rental
discount to theatre employees. Kim set aside a certain number of units for theatre
employees, and to qualify for an employee unit, employees had to sign a lease
stating they would not allow anyone under the age of 18 to live in the unit or to
stay in the unit for more than 2 consecutive nights. Kim also put this term into
leases for non-employee residents, and it was rarely questioned by prospective
tenants because many were college students who were not considering living with
kids anytime soon. Kim said this was for safety reasons because the area around
the theatre was a nightlife hotspot with lots of partying and late-night events and
was not a safe place for young children to live.
Pete is a new theatre employee who recently moved into one of Kim’s units on the
4th floor. Pete moved into the unit with his girlfriend, Jess, who also worked at the
theatre. After six months, Jess got pregnant. When Kim found out, she told Pete
and Jess that the lease prohibited occupants under 18 and that they would need
to move before the baby was born.
At the same time, on their few nights off, Pete and Jess suffered sleepless nights
due to the noise and vibration coming from the theater during the nightly rock
concerts. They could feel the floor shake and could not have a normal
conversation because of the loud noise. Pete later learned that all the neighbors,
especially the residents of the building that were not theatre employees,
complained to Kim about the noise and vibration, and Kim said she would do
something to minimize the noise, but never followed through.
Pete and Jess decided to live with the noise while they looked for new housing.
The apartment building was having other issues, too. Because the doors to the
building were frequently malfunctioning and not automatically closing, nearby
partiers and other troublemakers sometimes wandered into the building lobby.
One of these partiers repeatedly pulled the Fire Alarm which would automatically
turn off the elevator service. The elevator’s electrical system started
malfunctioning from the frequent service interruptions and Kim got tired of fixing it.
At one point, the elevator was not operating for 35 days and Jess had to walk up 4
flights of stairs. Neighbors repeatedly complained to Kim, who said there was no
point in fixing the elevator if someone was just going to pull the Fire Alarm and
trigger the malfunction again. One day, at 8.5 months pregnant, Kim missed a step
and slipped, injuring her back. The baby was not injured in any way, but her injury
forced doctors to perform a c-section to deliver the baby.
With housing costs rising, Pete and Jess were unable to find affordable housing
that met their needs and was close enough to work. A few weeks after the baby
was born, Pete and Jess received a letter from Kim stating that the lease was
terminated and provided 15 days’ notice to vacate the unit. When talking to the
neighbors, Pete and Jess heard about another resident, Paula, who was also
pregnant. Paula did not work for the theatre. She was renting a standard unit yet
still received a letter from Kim telling her she needed to move out before her baby
was born pursuant to the lease.
1. What claims may Pete and Jess reasonably assert against Kim and
what remedies may they reasonably seek? Discuss.
2. What claims may the other residents of Kim’s building reasonably assert
against Kim and what remedies may they reasonably seek? Discuss.