Module 7-2 Project Three Submission PDF

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MKT-113 Module 7-2 Project Three Submission...

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7-2 Project Three

Kimberly Taylor Southern New Hampshire University BUS - 206 Professor Kerri J. Holloway, JD, LLM April 18, 2021

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Contract between The Friendly Dawg and landlord Lou: The four elements of a legally binding contract are agreement, consideration, capacity, and legal object (Kubasek et al., 2020). The Friendly Dawg leased the retail property for purposes of selling pet food and supplies. The agreed-upon rent payment was $500 per month. A written contract existed between the original owner of The Friendly Dawg and Landlord Lou. There is no mention of Dave's father doing an assignment of the lease or Landlord Lou's consent. However, Lou would have waived his consent requirement when he accepted money from Dave (Kubasek et al., 2020). No valid contract exists between Dave and Landlord Lou. Potential rights: Landlord Lou has the right can reclaim possession of the property because Dave did not notify him of the modifications to the property. Lou has the right to know about any construction and collect rent for the property. Claims: Landlord Lou can claim he has the right to collect rent on the property while it is in use. The original contract made no mention of selling live animals. There was no signed contract was signed. The Friendly Dawg can claim the lease allows them to use the property. Dave can claim Landlord Lou knew about the construction. Defense and Obligations: Both Landlord Lou and Dave can say they made a mistake (Kubasek et al., 2020). Remedies: Landlord Lou can retake possession of the property. He can be awarded for damages to the property. Dave can continue to rent the property or reimbursed for any inconvenience.

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Contract between Sunshine Yoga and Landlord Lou: A valid unwritten contract exists between Sunshine Yoga and Landlord Lou to rent the property at $300 a month. The offer was made to Jasmine, the owner, by Lou in a bar one night. Jasmine claimed Landlord Lou stated that she could rent from him forever and never face eviction. The elements of the verbal contract are agreement, consideration, and capacity. Section 2-206a states an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances (Cornell Law School, n.d.). Potential rights: Landlord Lou has the right to cancel if Sunshine Yoga violates the terms of the lease. He has the right to reclaim possession of the property. Sunshine can continue the contract and use the premises. Claims: Landlord Lou is entitled to collect rent while the property is in use. He suffered loss at no fault of his own. Sunshine Yoga breached the duty of care by failure to provide a safe environment. The snake escaping The Friendly Dawg was a threat to Jasmine's safety. Defense and Obligations: Landlord Lou can claim he made a mistake (Kubasek et al., 2020). His obligations are towards both the property and Sunshine Yoga. Sunshine Yoga is obligated to make timely rent payments and abide by the terms of the lease. Remedies: Landlord Lou can recover rent payments from Sunshine Yoga. He can receive damages that occurred due to irregular rent payments.

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Grounds to evict: Landlord Lou has grounds to evict The Friendly Dawg for breaching the terms of the lease. Dave used the premises to sell live animals when that was part of the original agreement and did not tell Landlord Lou who was entitled to know. Dave's lack of due care failed to take by the escape of the snake.

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A tort is a civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries. They are classified as intentional, negligent, and strict liability. Tort law compensates the innocent who are injured and prevents retaliation from the victims. They may help deter the future commission of torts. State laws have different interpretations of each tort. The tort laws relevant to the incident with the snake are negligence and strict liability against The Friendly Dawg. Dave failed to take due care by selling and not safely containing live animals, causing the snake to escape. The Friendly Dawg's negligence could have caused harm or death to the other tenants and customers. Damages could have cost both Landlord Lou and Sunshine Yoga because of the loss of their customers.

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References Cornell Law School. (n.d.). § 2–206. Offer and Acceptance in Formation of Contract. LII / Legal Information Institute. Retrieved April 25, 2021, from https://www.law.cornell.edu/ucc/2/2-206 Kubasek, N., Browne, N. M., Herron, D., Dhooge, L., & Barkacs, L. (2020). Dynamic Business Law (5th ed.). McGraw-Hill Education....