Question: Question 6 ( 1 9 marks ) Read the scenario below and answer the questions that follow:Pitbull Palace Pty ( Ltd ) is a registered

Question 6(19 marks)Read the scenario below and answer the questions that follow:Pitbull Palace Pty (Ltd) is a registered business located on a farm in a residential area in Somerset West. The company is owned by Cesar Milan, who resides on the property. It is well renowned as a "doggy daycare," dog hotel, and foster home for pitbulls but also takes care of other dog breeds. The property is zoned as residential, but Cesar has approached the Municipality to apply for rezoning this property as a'business zone.'Pitbull Palace can care for up to 40 dogs at one time and is often fully booked as it has become the community's go-to care facility for their beloved pets either during the day when they are at work or when they travel with their families overseas or travel for work trips during the week. In particular, the daycare runs from 06:00 to18:00 and night care from 18:00 to 08:00 the next day. Clients also have the option to book their dog into the hotel for an overnight stay or an extended period - there are even different room and suite options to choose from.The company has been operational for over three years and has never received any complaints from the neighbour or community at large. The owner hopes to develop further the granny flat on the plot to accommodate ten more dogs. Cesar also aims to expand the company's services to provide K9 training, a dog salon, and a recovery center for injured or abandoned dogs.Alex and Blake are Cesar's new neighbours who moved into the house next door 6 months ago. They do not have any pets but recently adopted a 3-month-old baby.Alex commutes to Stellenbosch daily and has to wake up early to avoid traffic. This means that Alex has to go to bed earlier than most people. Blake runs a business from home as a stay-at-home parent and is still adjusting to parenthood.At first, Alex spoke to Cesar and complained that the barking kept her and their baby awake until 23:00 at night. After three months of speaking and writing to Cesar about the noise that emanates from Pitbull Palace, Cesar has failed to do anything about it. Instead, he has suggested they get a "white noise machine" to mitigate the noise and help them sleep.Alex and Blake have now had enough of the disturbance caused by Pibull Palace and want to take the matter further. They aver that the dogs bark loudly and incessantly, including late at night and in the early hours of the morning. The result is that they and their 3-month-old baby is so sleep-deprived that it adversely impacts their health and lives.Consequently, they decide to approach you for legal advice.As their attorney, you explain to them that the basis of neighbour law is that land must be used in such a way that another person is not prejudiced or burdened. This is expressed in the Latin maxim, sic utere tuo ut alienum non laedas. You explain further that if an owner or occupier of land, in the exercise of their entitlements, should inconvenience a neighbouring owner or occupier by creating or allowing a situation as a result of which their neighbour suffers damage or if the neighbour is disturbed in the use and enjoyment of their property, they act unreasonably.Required:6.1 Assume that the scenario above can be described as a noise nuisance in the narrow sense. With reference to relevant case law and the scenario above, set out and apply the principles for reasonableness to determine whether Cesar's actions are reasonable.(17 marks)6.2 Assume that Cesar's actions (operating Pitbull Palace) are found to be unreasonable. With reference to one relevant case, name the remedy that Alex and Blake would be able to rely on to vindicate their rights.

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