Business law project 3
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Business law project 3: contract law Sammy Salinas Southern New Hampshire university Professor Shirley T. Chapin
December 10, 2022
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Table of contents Contract law p.3
The friendly dawg case. P3-p4
Sunshine yoga case. P4-p5
Grounds to evict. P5-p6
References. P6
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Contract law A contract is a promise or a set of promises for the breach of which the law gives a remedy of the
performances of which the law in some way recognizes a duty, (Kubasek et.al.,2020 p.324) To keep it simple it means that you are promising to follow rules that are in place. The elements of a
contract are the agreement, the consideration, the contractual capacity, and a legal object, (Kubasek. Et. Al.,2020 p.324).
Friendly dawg case.
In the friendly dawg case, there’s a lease signed between Dave dawg’s dad and Lou landlord. However, Dave’s father passed away and Dave has been running the business for the last two years. In the lease signed by Dave dawg’s father, it says that friendly dawg is a pet retail store only and that there is a $500-dollar monthly rent fee. For Dave dawg to have a valid contract with Lou’s landlord all four elements of a contract must be met, the first element is an agreement, an agreement consists of an offer made by one party, the offeror, and the acceptance of the offer made by another party, the offeree. (Kubasek et. Al., 2020 p.324) in this part there was no agreement between Dave dawg and Lou’s landlord, the agreement was made between Dave’s father and Lou landlord. The second element is a consideration, consideration is the bargain for exchange; what each party gets for his or her promise under contract. (Kubasek et. Al., 2020 p.324) this part doesn’t exist either because Dave decided to stop paying his $500 monthly rent for the use of the property to run the pet retail store. Also, Dave decided to expand
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the retail store by taking the rear storage area, so he can sell live animals, the lease says is a pet supply store only, and no live animals are mentioned. Landlord Lou came by during renovations and instead of telling Dave that he was breaching the current lease he tells is one of Dave’s employees “very exciting, good luck”. Therefore, he considered and accepted the change. The third element is contractual capacity, contractual capacity is the legal ability to enter into a binding agreement (Kubasek et. Al., 2020 p.326) basically an adult of the age of majority who is legally capable of understanding a binding contract and the responsibilities and obligations that come with it, in this situation both Dave and Lou understand the lease, we know this because Dave stopped paying his rent because Lou failed to maintain the property in good repair. Saying that Lou was breaching his obligations under the lease. The final element for a valid contract is, legal object, this means that to be enforceable the contract cannot be either illegal or against public policy (Kubasek et. Al., 2020 p.326) the legal object in this scenario is the property leased
for friendly dawgs retail store. Not the rear storage. Anything outside of the lease premises is not
Lou landlord’s responsibility. There is a clear breach of the lease agreement between Lou and Dave, but Lou and Dave failed to address the situation, Lou could have told Dave that he was breaching the current lease, given him the option to renew the lease and expand the store he would have to pay more because there would be a need for more maintenance to the premises also Lou would need to clarify if he wants
Dave to continue to sell live animals or not. If Dave doesn’t agree, then those are grounds for eviction. sunshine yoga case the first element is the agreement, in this case, the agreement was verbal between jasmine the owner of sunshine yoga, and Lou landlord, and a verbal agreement is also enforceable as a
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written one, this agreement took place two years ago and Lou and jasmine agreed on a monthly payment of $300 to lease the property for jasmine yoga. The second element is, consideration, in this case, jasmine offered Lou $300 a month to lease the property and Lou considered it and agreed to it, by telling her that she can rent for him forever and he would never evict her. The third element is contractual capacity, in this case, jasmine a Lou met at a bar once and spoke and agreed to a $300 monthly rent. But this took place two years ago, so for the last two years jasmine has been paying $300 a month, therefore they were not intoxicated enough to lack the capability to agree or disagree, and after two years the agreement was still in place, and also Lou and jasmine were capable of understanding because they discussed the rules and responsibilities of the lease because jasmine stopped paying rent because Lou failed to keep the place safe. Finally, the legal object is the property being leased for sunshine yoga.
Grounds to evict Lou landlord has enough evidence to evict Dave dawg because Dave breaches his lease by expanding the store without Lou’s approval, two Dave started selling live animals and the lease does state that friendly dawgs is a pet supply retail store, therefore, the sale of live animals is not allowed although Lou recognized and accepted the change there was no direct contact with Dave
himself about the change Lou spoke to the employees making the expansion not the owner of the
pet shop. Finally, Dave stopped paying rent, he claims that Lou failed to upkeep the premises however the storage in the rear of the store is not part of the lease agreement, and therefore, that is not Lou’s responsibility. Jasmine on the other hand you can’t evict, yes the agreement was made at a bar and it was verbal, a period of two years has passed and the agreement has been honored, it goes as far as jasmine complaining about small stuff over the years including being late with the rent, jasmine is a victim of both Dave and Lou failure to comply with their
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respective agreements both Lou and jasmine understand the lease requirements and responsibilities, to the point that jasmine has stopped paying rent because of unsafe conditions of
the property. references
Kubasek, N.K., Browne, M.N., Dhooge, L.J., Herron, D.J., & Barkacs, L.L., (2020) Dynamic
business law (5
th
ed.) McGraw Hill. http://connect.mheducation.com/
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Table of contents Tort law p8
Relevant tort law p8
Legal claims p8-p9
References p9
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tort what is a tort? A tort is a violation of another person’s rights or civil wrongdoing that does not arise out of a contract or statute: types are intentional, negligent, and strict liability torts. The primary objective of a tort is to compensate the injured party (Kubasek et., al.,2020 p.194).
relevant tort laws
the most relevant tort law in the sunshine yoga v. Lou landlord case would be a negligent tort. The definition of negligent tort is when the defendant acts as a reasonable person, thereby subjecting other people to an unreasonable risk of harm (Kubasek et., al.,2020 p.194).
legal claims.
the reason this is the most adequate tort is that Dave dawgs expanded his retail store to sell live animals, well at some point one of the snakes from friendly dawgs escaped and manage to get into the vents. The snake made his way to sunshine yoga, frightening jasmine, the owner, and causing her to have a heart attack. Lou was aware that friendly dawgs were selling live animals because jasmine complained a lot to Lou that the animals were way too loud. After jasmine recovered from her heart attack, she stopped paying rent because the premises were unsafe due to
the presence of wild animals. She was also depressed and anxious because of the ongoing situation, she also adds that she has lost customers because of the animal noises coming from friendly dawg. We know that Lou was aware of the live animals not only because jasmine complained about it but because Lou knew that Dave dawg, the friendly dawg owner, was expanding his store to sell
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live animals, however, Lou failed to confront Dave that he was breaching his lease because his lease was for the sale of pet supplies, and also Lou also failed to keep the premises safe and failed to maintain it not only because of the snake escaping but because he did not address the expansion of the store, therefore, the A/C was underperforming causing the animal to agitate, making them loud.
The legal principle behind Lou landlord being responsible is the landlord liability which states that tenants can expect landlords to keep common areas safe: if an injury occurs in an elevator, hallway, or stairwell, the landlord is likely responsible for the injury (Kubasek et., al.,2020 p.1208).
. In this case, Lou was responsible to keep his rented premises safe and maintained however this wasn’t the case for Lou and jasmine because of the failure to address the noise from the friendly dawgs pet supply store and the snake entering the vents causing harm to jasmine. For jasmine to get compensated for her injuries she will have to prove that Lou was negligent and that her basic rental agreement of implied covenant of quiet enjoyment was violated. reference Kubasek, N.K., Browne, M.N., Dhooge, L.J., Herron, D.J., & Barkacs, L.L., (2020) Dynamic
business law (5
th
ed.) McGraw Hill. http://connect.mheducation.com/
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