REMEMBER TO WRITE 3 PARAGRAPH FOR YOUR RESPONSE: Do you agree or disagree for the case below ?- explain fully. Keep up the superb critical thinking for your response CASE 10.1 Bass-Fineberg Leasing, Inc. v. Modern Auto Sales, Inc. Court of Appeals of Ohio, Ninth District, Medina County, 2015-Ohio-46 (2015). FACTS Bass-Fineberg Leasing, Inc., leased a tour REASON An antiassignment clause can be bus to Modern Auto Sales, Inc., and Michael Cip- enforceable when it clearly prohibits an assign- riani. The lease included an option to buy the ment. Violation of an enforceable antiassignment bus. The lease prohibited Modern Auto and Cip- provision renders the resulting agreement void. riani from assigning their rights without Bass- The antiassignment clause in the lease between Fineberg's written consent. Later, Cipriani left Bass-Fineberg and Modern Auto and Cipriani was the bus with Anthony Allie at BVIP Limo Services, clear-"MODERN AUTO AND CIPRIANI MAY NOT Ltd., for repairs. Modern Auto and Cipriani did ASSIGN ... [THEIR] RIGHTS ... UNDER THIS not pay for the repairs. At the same time, they Can the rights to a leased LEASE ... WITHOUT BASS-FINEBERG'S PRIOR defaulted on the lease payments to Bass-Fineberg. Lour bus be assigned? WRITTEN CONSENT." Bass-Fineberg argued that While BVIP retained possession of the bus, Allie under this clause, the contract between Cipriani signed an agreement with Cipriani to buy it and to make an initial and Allie was void, because Bass-Fineberg had not provided writ- $5,000 payment to Bass-Fineberg. Bass-Fineberg filed an action in ten consent. BVIP contended that if the contract was void, then an Ohio state court against Modern Auto, Cipriani, BVIP, and Allie to BVIP should receive a refund of its $5,000 payment. The court regain possession of the bus. The court ordered the bus returned to agreed with both of these parties. The contract between Cipriani Bass-Fineberg and the $5,000 payment refunded to Allie. All of the and Allie was void because Cipriani could not assign his rights parties appealed. under the lease without Bass-Fineberg's written consent. Because the contract was void, the parties were to be returned to their pre- ISSUE Was the lease's antiassignment clause enforceable? contract status, which included a refund of the $5,000 payment. DECISION Yes. A state intermediate appellate court affirmed the CRITICAL THINKING-Economic Consideration The repairs to lower court's order. The bus was to be returned to Bass-Fineberg and the bus cost $1,341.50. Who should pay this amount? Why? the $5,000 was to be refunded to Allie