PROJECT THREE

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Apr 3, 2024

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PROJECT THREE Contract Law Abigail Morales Bus 206 Professor Tabuena A contract consists of four elements: offer, acceptance, consideration, and capacity. A legitimate contract must have all four parts (Martella, 2013). The offer is the first stage in forming a contract. Typically, a party offers to provide a service, sell a product, trade, or engage in other economic operations. An offer is legitimate if it is severe and not rescinded. We cannot be used in jest, otherwise the offeror will be unable to withdraw it. Second, acceptance occurs when the suggestion is agreed upon by the party to whom it is offered. The following aspect of a contract is the consideration. This is when we swap generally money. The third criterion is contractual capability, which refers to the legal ability to enter into the formal bidding agreement. The parties must comprehend that they are entering into an agreement. To be legally binding, the contract must not be unlawful or contrary to public policy. (Ashley, 2017). As we study the summary of this case, we must consider the prospective rights. First, we have the Friendly Dawg.

 The Friendly Dawg has the freedom to grow their business, provided the lease does not prohibit it.  The Friendly Dawg pays their rent on time and more than Sunshine Yoga. This allows the Friendly Dawg to rebut any accusations.  The Friendly Dawg may be remodeled unless the lease prohibits it.  The Friendly Dawg might request repairs from the Landlord as per the lease. Lou's rejection violates the terms of the lease. Next, we look at Landlord Lou:  The Landlord may have asked Dave about the live animals because his father's agreement only specifies supplies.  The Landlord may prevent Dave from expanding. Lou owns this land, and unless specified in the lease, he may oppose to the addition.  Sunshine Yoga can be asked to quit by the landlord, as there is no lease arrangement.  Jasmine may be asked to leave the property if the landlord does not receive payment or the lease is not present.  The landlord can increase the rent at any moment. This is due to the absence of written communication between the two parties.  Landlords must safeguard other tenants. If the animals pose a risk, he can tell Dave to leave.

 The Landlord may cancel the lease with Friendly Dawg as it is with Dave's father, not his son. A new lease should've been done. Finally, we shall discuss Sunshine Yoga:  Sunshine Yoga pays rent and has the right to complain about any difficulties to the landlord.  Sunshine Yoga can file a legal complaint against Friendly Dawg for harboring live animals in a residential environment, which is potentially harmful.  Sunshine Yoga can contact the Landlord, but no written agreement exists. We have been requested to review the allegations of all three. So we'll start with the Friendly Dawg:  Dave has the right to an explanation and can file a claim due to his higher rent payments.  Friendly Dawg might request a refund if the lease does not include air conditioning.  Dave can argue that because he has a lengthy history with the landlord, he should pursue reimbursement.

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Landlord Lou maintains that because Dave's lease is with his father, a new lease should be written with him. The landlord should request an increase in rent due to a change in storage conditions for live animals. Sunshine Yoga may face a penalty if they fail to pay their rent. The claims by Landlord Lou are the following:  You may argue that since the lease is with Dave's father, a new lease should be written with Dave.  The landlord should request an increase in rent due to a change in storage conditions for live animals.  Sunshine Yoga may face a penalty if they fail to pay their rent. Sunshine Yoga's claims include:  Jasmine's potential claim for damages due to health concerns over the absence of live animals.  Jasmine can claim recompense for her emotional distress. We can see that they all have commitments. Let's begin by looking at the Friendly Dawg:

 Required to notify the landlord before improvements.  Notify the Landlord of live animals.  Inform neighbors about live animals.  Request government permission and permits to store and sell live animals.  You must pay rent as specified in the lease.  You must renew the lease as per the terms. The Landlord requires the following:  to comply with all lease terms.  Follows all government protocols on his properties.  Maintain objectivity.  He must accept complaints from all renters. Finally, we have Sunshine Yoga, and their responsibilities are:  Similarly, Jasmine must make on-time rent payments to her landlord.  She needs a lease agreement to pay rent.

 Jasmine reports any unlawful acts by her neighbors to her landlord. Each party has the right to construct a defense to help them advance their argument. Friendly Dawg can protect himself. By exploiting the existing lease, he may argue that there is no provision for enlargement. Dave pays his rent on time and makes good use of his friendship with Lou. The Landlord can defend himself and his position by stating that no business is on rent, that he is operating solely in accordance with the agreement, and that Sunshine Yoga should evacuate because there is no lease. Jasmine can protect herself because of her mental health concerns and the heart attack induced by the wild creatures. Finally, we may consider the cures that each of them has. Dave can point to the lease and ask Lou to cooperate. The two shops may communicate and resolve the issues. The landlord can step in and try to mediate a settlement. Lou may also give various locations if they are accessible to the animals, which would not harm Jasmine. Finally, all three parties have the ability to pursue legal action on this matter. 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

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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.htm

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