Williams v. Puccinelli The Lease contains the following 2 paragraphs: Sixth: tha

Question

Williams v. Puccinelli

The Lease contains the following 2 paragraphs:

Sixth: that the lessee will, at his sole cost and expense, comply with all the requirements of all Municipal, state, and federal authorities now enforced, or which may hereafter be enforced, pertaining to the said premises, occasioned by or affecting the use to which said premises have been, are being, or are to be put by the Lessee and will faithfully observe in the use of the premises Municipal ordinance and state and federal statutes now in force or which may hereafter be enforced.

Twenty-Second: The parties agreed that the lessee leases the premises in end quote as his clothes quote condition and the less he may at its own expense, make exterior and interior alterations, repairs and improvements to the demised premises, including windows and doors and including but not limited to the installation of trade fixtures, ceilings, lighting fixtures, removable partitions and interior decorations.

Question 1: Considering these two paragraphs in the lease, why did the trial court let Williams out of the lease on the basis of mistake regarding the repairs necessary to meet the building code?

Question 2: Considering the result of the case, would you advise Williams to have done anything different at the time Williams was contemplating leasing the second floor for a restaurant and bar?

Explanation / Answer

1- The trial court found that the required construction in the said demised space of second floor was unknown to Williams before the contract and he was not aware about the building code of the city. To examine this factor trial court ordered that William will not pay any compensation to Puccinelli during the construction period. It was the duty of Puccinelli to inform William about the requirement of constuction before executing the lease.

2-William could have enquired about the building code of San Fransisco and sought expert advice on the issue.Had he done this thing the litigation may not jad occured.

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