BUS 206 Project 3 - Contract Law PDF

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BUS 206 Project Three – Contract Law Joseph R. Devine, Jr. Southern New Hampshire University Professor Shaun M. Koenig April 18, 2021

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There are four elements to a contract: offer, acceptance, consideration, and capacity. The four elements must be present for a valid contract to exist (Martella, 2013). The first step towards a contract is the offer. Typically, a party offers to perform a service, sell a product, trade, or conduct other business ventures. An offer is valid when it is severe and not revoked. We can't be said in jest, or the offeror cannot withdraw the offer. Secondly, we have acceptance when the proposal is agreed to by the party it was presented to. The next element of a contract is a consideration. This is when we have an exchange of typically money. Contractual capacity is the third element, which is the legal ability to enter into the legal biding agreement. The parties need to understand they are entering into a contract. A final element is a lawful object identifying if the contract is legally binding. To be legally binding, the contract cannot be illegal or against public policy. (Ashley, 2017) As we analyze the summary of this case, we need to look at the potential rights. First, we have the Friendly Dawg: 

The Friendly Dawg has the right to expand the business; this is due to nothing specific in the lease refraining them from it.

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The Friendly Dawg is not late on their rent, and they pay more than Sunshine Yoga. This entitles the Friendly Dawg to refute any claims.

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The Friendly Dawg has the right to renovate unless the lease restricts him from doing so.

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The Friendly Dawg has the right to have repairs made by the Landlord per the lease. Lou's refusal is a violation of the lease.

Next, we look at Landlord Lou: 

The Landlord may have Dave about the live animals since Dave's father's lease only mentions supplies.

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The Landlord may stop Dave from expansion. Lou owns this property, and unless noted in the lease, he can object to the addition.

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The Landlord can tell Sunshine Yoga to leave since there no lease agreement in place.

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The Landlord can instruct Jasmine to leave the property due to non-payment and the absence of the lease.

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The Landlord can raise the rent at any anytime. This is due to a lack of written communication between the two parties.

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The Landlord must protect the other tenants. If the animals are causing danger, he can instruct Dave to vacate.

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The Landlord can also cancel the lease with Friendly Dawg because the lease is with Dave's father and not the son. A fresh lease should have been done.

Finally, we will look at Sunshine Yoga: 

Sunshine Yoga is paying rent, and they have the right to complain about issues to the Landlord.

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Sunshine Yoga can legally complain since the Friendly Dawg is keeping live animals in a residential area which can be dangerous.

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Sunshine Yoga can talk to the Landlord, but it cannot be considered since no written agreement exists.

We have been asked to look at the claims from all three. So we will begin with the Friendly Dawg: 

Dave can make a claim; he pays more rent and should have the right to an explanation.

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Friendly Dawg can seek a refund for the lack of air conditioning that the lease stipulates.

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Dave can state since he has a long relationship with the Landlord, he should seek recovery.

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The claims by Landlord Lou are the following: 

You can say that since the lease is with Dave's father, there should be a new lease signed with Dave.

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The Landlord should seek extra rent since there has been a change to the terms with live animals now beings stored.

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The Landlord can claim a penalty for non-payment by Sunshine Yoga.

We cannot forget Sunshine Yoga who also has some claims: 

Jasmine can seek damages since there are health concerns with the live animals not being kept.

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Jasmine can seek compensation for the mental trauma she has suffered.

As we look at the obligations each of them have, we see all have them. Let's start by looking at the Friendly Dawg: 

Obligated to inform the Landlord before renovations.

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Obligated to let the Landlord know he will have live animals.

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Notify neighbors that he will have live animals.

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Seek government permission and licenses for storing and selling live animals.

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You are obligated to pay rent as mentioned in the lease.

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You are obligated to renew the lease as required per the stipulations.

The Landlord is obligated of the following: 

You are obligated to follow all conditions mentioned in the lease.

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Must follow all government protocol on his properties.

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You are obligated to be unbiased.

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He is obligated to take complaints from all of his tenants.

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We finally again have Sunshine Yoga and what their obligations are: 

Likewise, Jasmine is also obligated to pay rent promptly to her Landlord.

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She is obligated to ensure she has a lease agreement for the rent.

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Jasmine must report the unlawful acts of her neighbors to her Landlord.

Each of the parties has a right to establish a defense to aid them in their cause. The Friendly Dawg can defend himself. By utilizing the lease in place, he can argue how there is no specification about expansion. Dave has been paying his rent promptly and use his relationship with Lou. The Landlord can defend himself and the position by claiming no business is on rent, acting only as per the lease, and request Sunshine Yoga vacate based on the fact there is no lease. Jasmine can defend herself based on the mental health problems and health issues from her heart attack caused by the wild animals. Finally, we can look at the remedies all three of them have. Dave can point to the lease and ask for cooperation from Lou. The two shops can discuss the problems and solve the situation. The Landlord can intervene and try to help mediate the solution. Lou could also offer different spaces if it's available to the animals won't affect Jasmine. Finally, all three can take legal steps for this issue and take lawful steps.

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References

Adaptation of Understanding New York Law, 2013-14 Edition. Authored by: Michael H. Martella, Esq., David Pogue, Elizabeth Clifford and Alan L. Schwartz. Provided by: published by Upstate Legal Publishers.

Ashley, S. (2020, May 18). How does a contract work? Retrieved April 19, 2021, from https://legalbeagle.com/4672880-a-contract-work.html Fernando, J. (2021, April 02). Corporate social RESPONSIBILITY (CSR). Retrieved April 04, 2021, from https://www.investopedia.com/terms/c/corp-social-responsibility.asp Walcerz, M. (2020, May 18). Legal & ethical issues in technology. Retrieved April 04, 2021, from https://legalbeagle.com/7640133-legal-ethical-issues-technology.html...