7-2 BUS-206 TM Contract Law PDF

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week 7 Business 206 on Contract Law Assignment...

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7-2 Project Three

7-2 Project Three Submission Tausha Montgomery BUS-206 Southern New Hampshire University

7-2 Project Three

Contract Law According to the America Heritage Dictionary, a valid contract is “A contract that conforms to the law of the jurisdiction in which it is entered. In the event of a dispute, a court will enforce a valid contract.” There is also a definition that states that a valid contract is a verbal or written agreement between two parties that are of sound mind. It does not seem like there would be a valid contract anymore. The contract was made between Dave Dawg’s deceased dad and Lou (the landlord). In the contract, it just states that the business is a pet supply store and not a store with live pets. At the same time, Lou was made aware that the store was expanding its inventory and at one point, he contacted the owner to ask him to try and quiet the animals down. Lou could easily make a new contract with an increase in rent to make it valid. Lou may be in breach of the contract on account of not keeping up with the air quality of the building. He refuses to do so because he states it is not his responsibility when it comes to taking care of the animals. Even if there were no animals in the store, it should be Lou’s obligation to make sure that there is sufficient air flow in the building regardless. At the same time, was air conditioning in the contract? If so, Lou would need to supply air conditioning, if not, then it is not his responsibility and that would fall on Dave to do. It is complex when the full contract is not in front of me to read and to make decisions. It also depends on what state they live in. There are different landlord-tenant laws in each state. “The four elements to a contract are the agreement, the consideration, contractual capacity and a legal object. (chapter 13) The first element of agreement would be deemed to exist if there is an offer made by one party, the offeror, and the acceptance of the offer by another

7-2 Project Three

party, the offeree. (chapter 14) The second element of consideration would be deemed to exist if there is an agreed-upon bargained-for exchange. (chapter 15) The third element of contractual capacity would be deemed to exist if all parties have the legal ability to enter into a binding agreement. (chapter 16) The fourth element of legal object would be deemed to exist if the contract has legal subject matter and can be performed legally, it cannot violate state or federal law.” (chapter 16, Kubasek, N.) There seems to be an agreement and consideration between the two parties. The agreement and consideration being that Dave runs the business and pays $500 in rent monthly to Lou. There is a binding agreement in which the contract was signed by Dave’s father and Lou. Lou can charge a late fee for Dave not paying his rent on time. It does not seem that there was any agreement in the original contract for Lou to supply an air conditioning unit in the back of the building, and this is not a good cause for Dave to stop paying rent. This would be a valid reason for Lou to evict The Friendly Dawg. Not only that, but The Friendly Dawg never contacted Lou to ask about expanding and adding live animals to their business. For the yoga studio, although it was a verbal agreement, the owner and Lou agreed on her to not pay rent. She still is a tenant and has all the rights to reasonable enjoyment. The Friendly Dawg infringed on her rights by disturbing her business; all the animals were being too loud, and a snake got loose and found its way into her studio. Sunshine Yoga ended up losing a lot of business because of The Friendly Dawg. Yoga is supposed to be peaceful and yet, it was neither peaceful nor enjoyable on account of all the noise the animals brought on. There would not be a valid contract between Lou and Sunshine Yoga at this point. The Friendly Dawg infringed on her rights as a tenant. The owner of Sunshine Yoga made a few complaints to Lou about the noise in which he told Dave from The Friendly Dawg. It still seemed like nothing was ever done.

7-2 Project Three

SOURCES Valid Contract. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved April 16, 2021 from https://www.thefreedictionary.com/Valid+Contract

Kubasek, N. K. (2021). Dynamic Business Law, New York: McGraw-Hill/Irwin....