Andy Anderson ran a business called “Andy’s Dollar Bonanza”, a type of dollar store. Andy also owned the land on which the business operated. Andy’s favourite cousin Ned works at the store as store manager. Andy’s teenage daughter Emily, who has just graduated from high school, also works there.

Andy died, and in his will he gave the land and buildings to Ned for Ned’s life, with the remainder going to Emily in fee simple after Ned’s death. Andy also gave the business to Ned. Ned and Emily continued to work in the business together after Andy’s death- with Ned as the business owner.

Everything went well for a few years, but then Ned and Emily started having arguments over how the business should be run. Ned fired Emily from her job at “Andy’s Dollar Bonanza”.

After that, Ned decided that he would try to get as much profit as he could from the land and business, so he stopped repairing the building when things deteriorated. Broken windows and doors, and a lack of cleanliness were common. Emily stopped by from time to time and was upset about the condition of the building. She talked to Ned about it, but he just ignored her.

A few years later, Ned died, and in his will left everything in his will to his wife Lianne, including the land, building and business of “Andy’s Dollar Bonanza”.

Emily plans to sue Lianne as the representative of Ned’s estate for two reason (1) for ownership of the land and building which Lianne now claims (2) For the bad condition that Ned allowed the land and building to fall into. Will Emily be successful? In answering this question, be sure to use the IRAC case analysis method. 

Answer rating: 100% (QA)

ISSUES The issue here is whether the land shall be revert back to Emily as per the will Can Emily cl... View the full answer