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1 7-2 Project Atiyanna Jackson Business Law I October 16, 2022 Southern New Hampshire University

2 Contract Law Contract between The Friendly Dawg and landlord Lou A . A contract is a verbal or written understanding between an offeror and an acceptor over a significant legal activity where the terms are enforceable in court. For instance, according to the scenario, The Friendly Dawg, and landlord Lou had a legal contract. The circumstance and the fact that both parties were involved in a legal agreement account for this. Additionally, an offer and an acceptance are the two fundamental components of a contract (The Greater Richmond Bar Foundation, 2013). The Friendly Dawg accepted Landlord Lou's offer to lease his land, and the two parties exchanged contracts. The Friendly Dawg accepted landlord Lou's offer to lease his property for $500 in their agreement. In addition, both parties made a written promise to abide by this contract by the agreement. Due to the original contract being signed by Dave's father, it is determined after scenario analysis that there is no genuine contract between the Friendly Dawg and landlord Lou. No oral agreement was reached, except that Dave took over the company and the lease without signing anything or orally accepting a new agreement, according to the scenario (Tuthill, 2020). The lease between Lou, the landlord, and The Friendly Dawg is no longer in effect. It is pertinent to mention here that a contract must contain four specific conditions in order to be valid. These four conditions include an intention to establish a legal relationship, an offer, an acceptance, and consideration. A contract must satisfy the various conditions in order to be valid. These conditions include having an offer, and its acceptance. It also requires a capacity to contract, mutuality, consideration, and legality of the contract. In addition, a contract must be expressed verbally or in writing to be legal. An offer is a proposition made by one party to another for acceptance or rejection (Kubasek et al., 2019).

3 The contract was initially still enforceable because there was no violation of it. When Dave Dawg, however, decided to expand and diversify the company, the contract ceased to be enforceable. The contract was not originally created to raise live wild animals; instead, it was created for a store, pet food sales, and supplies. Realizing this live wild animal is a breach of the agreement and renders the deal void. Additionally, Dave Dawg is responsible for the contract violation. The decision to accept or reject the offer rests with the other party after it has been made. If the other party disputes it, then their agreement is null and void. The two enter into a contract if the other party accepts or agrees to the offer. According to the situation, landlord Lou made a rental offer, and The Friendly Dawg accepted it. Capacity denotes the ability of the parties to a contract to enter into one. For instance, a contract cannot be made with a minor or a crazy person. Although the age of Dave Dawg's father isn't specified in the scenario, it can be inferred from the fact that they signed the lease at the time that they did that the landlord was likewise of legal age. Once more, it can be presumed that both parties were rational (The Greater Richmond Bar Foundation, 2013). The value that will be exchanged between the parties is referred to as a consideration, which is another important component. In exchange for money or another benefit, it can be a piece of property. Anything being exchanged in this case must be legal. For instance, trading illegal narcotics for cash is not allowed. It must be a significant and legitimate thing. One of the components of a legitimate contract is legality, which is brought about by the aspect. According to the circumstances, The Friendly Dawg is renting out the landlord's sizable and legitimate property. The landlord is providing something valuable and legitimate, property in exchange for something legitimate, money (Rohr, 2019).

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4 The final element is mutuality. A valid agreement requires that all parties agree without the influence of threats or any outside influences. Before entering into the agreement, each side must feel at ease and free. According to the scenario, the rent was agreed upon at $500 without being coerced, and Dave Dawgs and the landlord both signed the contract after amicable bargaining. A documented agreement was signed by the landlord and the Friendly Dawg. These elements made their contract legitimate. Every party is obligated to one another legally under the terms of the complete description. Either party may be held responsible and sued in a court of law for contract breaches (Kubasek et al., 2019). B. Landlord Lou and Friendly Dawg both have rights and obligations, and they both have the right to assert claims, counterclaims, and legal remedies. The landlord has the right to know how the contract is being carried out under this agreement. For instance, in the case of the landlord, he had a right to know the type of renovation taking place. The offer has the right to recover their property if the conditions of the contract are broken. The Friendly Dawg broke his contract, so this landlord is entitled to get his property back. When a contract's terms are broken, either party may decide to call it quits. For instance, the landlord has the right to withdraw the lease because The Friendly Dawg broke the terms of the agreement. Contrarily, Dave is allowed to use the property in accordance with the terms of the contract. According to the inked contract, landlord Lou might contend that The Friendly Dawg used his property in violation of those provisions. The original contract specifications called for opening a pet supply and retail without utilizing live wild animals. He might reiterate his argument that keeping live wild animals, like snakes, was risky to do in public. As a result, he was eligible to make a rent claim for the time the operation was performed. However, Dave can argue that the landlord is to blame for The Friendly Dawg's growth. He can also contend that he was allowed to utilize the property per the contract's provisions (Rohr, 2019).

5 Both Dave and the landlord can argue that this was an honest error. Dave made a mistake when he decided to house rare wild animals. However, the landlord made a mistake by failing to find out why the improvements were being made. The Friendly Dawg had a legal responsibility to the leased premises to maintain a secure setting for commercial operations. In addition, he has a duty to provide security for the residents in the area. Dave was required to pay the rent on time by the landlord. Additionally, it is noted that he had a duty to the property to use it lawfully and in accordance with the conditions of the contract (Kubasek et al., 2019). Due to a breach of contract regarding the remedies, the landlord may be able to recover his property from The Friendly Dawg. Any harm or wrongdoing committed by The Friendly Dawg shall be compensated to the landlord. Dave might agree to foot the bill for the unneeded annoyances brought on by the cats' noise and the snakes' slithering around the property. Additionally, enabling Dave to handle the live animals might be a solution. Contract between Sunshine Yoga and landlord Lou Sunshine Yoga and the landlord had an unwritten agreement that met all of the requirements of a valid contract, including mutual consent, the capacity of the parties, and offer and acceptance. Additionally, the contract was enforceable legally and ethically. Sunshine Yoga, the landlord, and the parties all agreed to a $300 monthly payment. A. Sunshine Yoga and Lou, the landlord, have a valid contract. This is due to the fact that it satisfied each prerequisite for a binding contract, including the legality, capability, offer, acceptance, mutuality, and consideration. The contract is enforceable in accordance with § 2A-206. No matter how big or small the contract is, it can be stated or written under this clause (Kubasek et al., 2019). All requirements for a valid contract have been met by this agreement. Aside from a few misunderstandings when Jasmine refused to pay rent because she claimed the snakes made the space

6 hazardous for her and caused her to experience despair and anxiety, I do not notice any other breaches of the contract's conditions as they were previously agreed upon. Both parties were of sound and sober mind; the contract's values were money and property; the landlord made an offer, which Sunshine Yoga accepted. In addition, they reached a $300 rent agreement after negotiating it together (The Greater Richmond Bar Foundation, 2013). B. There is remedies for the broken situation, and each party has rights and obligations, as well as the ability to assert claims and counterclaims. In the event that there was a violation of the contract, the landlord had the authority to repossess his property. In the event that the conditions of the contract were broken, both parties had the right to end the agreement. However, Sunshine Yoga had the legal right to occupy the space and carry out the conditions of the agreement (Kubasek et al., 2019). Sunshine Yoga's failure to pay rent for a reason for which he is not liable could lead the landlord to assert that he experienced loss. He can also assert that he was entitled to compensation for the time that his property was in use. They might argue that the landlord was negligent and that the snake escaping from the cages posed a serious threat to the landlord's life on the side of Sunshine Yoga. The landlord may argue in his defense that it was unintentional for a snake to enter the studio but that it was not his responsibility to keep the snake restrained in its cages. Because snakes shouldn't be raised in public spaces, Jasmine could claim that the snake business was illegal (Knapp et al., 2019). It should be noted that Mr. Lou has a responsibility to Sunshine Yoga studio to provide a safe environment free of dangerous animals like snakes, as well as a responsibility to maintain his property. He is subject to legal liability in any situation. Jasmine had obligations to the property to

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7 use it lawfully and in accordance with the contract's conditions, as well as to the landlord to pay the rent on time (Rohr, 2019). The landlord could be compensated for the usage of his property that resulted in unpaid rent. Another option is to be compensated for the harm Sunshine Yoga studio caused by irregular rent payments. Life safety may be one of Jasmine's options for treatment. She might be compensated for the harm the snake's appearance caused her, which included melancholy and worry. The uniform commercial code, in accordance with sections 2A-505 and 2A-206, could be applied as a remedy (Rohr, 2019). Grounds to evict A. The Friendly Dawg broke the terms of the contract, thus Lou, the landlord, has the right to evict it. The tenant's failure to take reasonable care to avoid a deadly snake is one of the defences, as is the landlord's knowledge of the illegal sale of live animals (Eberlin, 2020). In this instance, strict liability as well as the negligence tort apply to The Friendly Dawg. The friendly Dawg didn't take proper care of the animals it sold. As per research, it has been found that the animals, including the snake, require special care before being sold, and because it escaped the property, it no longer carries the strict liability that was anticipated of it (Knapp et al., 2019). B. A contract must have agreement, consideration, capacity, and a legal object in order to be enforceable. That held true for both tenants. It is pertinent to mention here that the legal principles at issue in this case include strict liability by the Friendly Dawg and the tort of carelessness. The Friendly Dawg was careless with the animals it was selling. The snake escaped the property in violation of its strict liability, which it was expected to bear because the animals, including the snake, need proper care before being sold. (Hacker et al., 2020).

8 References Eberlin, E. (2020). What Are Tenant Obligations? Retrieved from https://www.liveabout.com/tenant- obligations-under-landlord-tenant-law-2125091 Hacker, P., Krestel, R., Grundmann, S., & Naumann, F. (2020). Explainable AI under contract and tort law: legal incentives and technical challenges. Artificial Intelligence and Law , 28 (4), 415- 439. Retrieved from https://link.springer.com/article/10.1007/s10506-020-09260-6 Knapp, C. L., Crystal, N. M., & Prince, H. G. (2019). Problems in Contract Law: cases and materials . Aspen Publishers. Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2019). Dynamic business law: The essentials (pp. 28-50). McGraw-Hill Education. Rohr, J. G. (2019). Smart contracts and traditional contract law, or: the law of the vending machine. Clev. St. L. Rev. , 67 (3) , 71-80 The Greater Richmond Bar Foundation. (2013). Your Guide to Landlord – Tenant Disputes. Retrieved from https://www.richmondbar.org/wp- content/uploads/2017/04/pro_se_housing.pdf Tuthill, S.R. (2020). The Advantages and Disadvantages of Oral Leases. Retrieved from https://www.lawinfo.com/resources/landlord-tenant/the-advantages-and-disadvantages-of- oral-leas.html

9 Tort Law Tort law definition Many legal systems take their ideas of tort from civil law and common law. Any act that causes harm to another person or their property interferes with their ability to utilize and enjoy their land, or otherwise negatively affects their economic interests is considered a tort. Victims of wrongdoing are frequently compensated under tort law. Restitution frequently takes the form of financial compensation. It emphasizes the idea of making up for a verifiable loss or harm, to be more exact (Smits, 2017). This idea is only relevant for civil wrongs that aren't brought on by a breach of contract. A business needs tort law to safeguard itself from financial fraud and losses brought on by others' illegal behavior. This insurance compensates anyone who has suffered financial loss as a result of illegal or defective goods. Because of this, businesses are forced to conduct themselves in a fair and just manner, which makes it challenging for them to run efficiently (Horsey & Rackley, 2019). Relevant tort laws In light of the following in the described situation, tort laws, negligence, strict liability, and nuisance torts all apply. A negligence tort is a legal phrase that describes circumstances in which persons suffer harm or injuries as a result of the negligence or lack of responsibility of another party. No action is taken with the intention of hurting someone else. The most typical kind of occurrence is an accident brought on by someone's negligence. However, strict liability regulations place more emphasis on the perpetrator's guilt than they do on the conduct itself (Deakin & Markesinis, 2019). Consider the scenario where customers become unwell after eating food from a restaurant that was tainted. Even if the disease was not caused by the restaurant's negligence or willful misconduct

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10 in that situation, the restaurant is nonetheless responsible for its medical expenses (Chen-Wishart, 2012). The Nuisance Tort protects the rights of property owners. The freedom to enjoy one's property and the right to live one's life as one pleases are protected by this tort (Rohr, 2019). Legal claims A. Contract violation, duty breach, and damages are the three types of legal claims that may be made. It is possible to argue that all three parties in this situation broke their contract. Landlord Lou has the right to take Friendly Dave Dawg to court since the contract that Dave's late father wrote limits the business to selling pet supplies and excludes any reference to the sale of live animals. In addition, he has the authority to evict Dave for failure to pay rent. If Sunshine Yoga doesn't pay her rent on time, her landlord might also take legal action against her (Kubasek et al., 2019). Since Lou, Dave's landlord neglected to keep the property in a decent state of repair, particularly when it came to the air conditioning, he might also be held responsible for the snake's escape. Jasmine has the right to sue Lou if he infringes on her right to Sunshine Yoga or her right to live in peace and quiet (Hacker et al., 2020). If the harm to Jasmine resulted from a breach of duty, a privacy invasion, negligence, emotional distress, or an annoying nuisance, The Friendly Dawg could be held accountable. She had the right to sue Friendly Dawg for compensation when the dog let a dangerous snake out, and it got inside her studio and gave her a heart attack (Knapp et al., 2019). Most likely, the driver was negligent in this situation. According to the strict responsibility tort, she might be able to sue Friendly Dawg for the loss of revenue she has endured as a result of the animals' disagreeable noise. On the other side, Jasmine may sue landlady Lou for breach of contract if she fails to provide her with a secure home (Tuthill, 2020).

11 B. A plaintiff pursuing a private remedy in the form of monetary damages when they bring a case under the purview of tort law. Failure to exercise reasonable caution is the first step in negligence. We must all use caution or refrain from certain behaviors in order to avoid injuring or damaging another individual (Kubasek et al., 2019). Regular tenants have the same legal rights as those who do not, regardless of whether they have a written lease agreement. This covers access to heat, water, and the right to a secure environment (Eberlin, 2020). Both the timely payment of rent and the correct upkeep of the property is the tenant's duties. Written agreements are equally as legally enforceable as spoken agreements made between the same parties. In certain states, only verbal lease agreements that are less than a year are regarded as being legally enforceable. If the arrangement is to last longer than a year, a written agreement is required (The Greater Richmond Bar Foundation, 2013).

12 References Chen-Wishart, M. (2012). Contract law . Oxford University Press. Deakin, S., & Markesinis, B. (2019). Markesinis and Deakin's tort law . Oxford University Press, USA. Hacker, P., Krestel, R., Grundmann, S., & Naumann, F. (2020). Explainable AI under contract and tort law: legal incentives and technical challenges. Artificial Intelligence and Law , 28 (4), 415- 439. Retrieved from https://link.springer.com/article/10.1007/s10506-020-09260-6 Horsey, K., & Rackley, E. (2019). Tort law . Oxford University Press, USA. Knapp, C. L., Crystal, N. M., & Prince, H. G. (2019). Problems in Contract Law: cases and materials . Aspen Publishers. Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2019). Dynamic business law: The essentials (pp. 28-50). McGraw-Hill Education. Rohr, J. G. (2019). Smart contracts and traditional contract law, or: the law of the vending machine. Clev. St. L. Rev. , 67 (3) , 71-80 Smits, J. M. (Ed.). (2017). Contract law: a comparative introduction . Edward Elgar Publishing. The Greater Richmond Bar Foundation. (2013). Your Guide to Landlord – Tenant Disputes. Retrieved from https://www.richmondbar.org/wp- content/uploads/2017/04/pro_se_housing.pdf Tuthill, S.R. (2020). The Advantages and Disadvantages of Oral Leases. Retrieved from https://www.lawinfo.com/resources/landlord-tenant/the-advantages-and-disadvantages-of- oral-leas.html

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