Contract Law analysis Kristina Bruner Southern New Hampshire University Professor Debrina Washington April 21, 2024
According to Kubasek, the four elements of a contract are consideration, agreement, contractual capacity, and legal object. An agreement must include an offer and an acceptance; each party receives a consideration, the ability to agree referring to contractual capacity, and legally the contract must not include any illegal actions or pose a threat to the public policy and must be enforceable. In order for the contract to be valid it must poses all of these elements. After reading and re reading the Friendly Dawg scenario, I found the contract to be valid. When Dave's deceased father initially signed the lease agreement the business was only meant to be a retail pet supply store, with no mention of selling live animals. Within the contract, all the elements were offered and accepted. Landlord Lou transferred the leased property to Dave without sighing a new lease agreement. Looking at the elements of a contract, Landlord Lou is the offeror and Dave is the offeree. The contract provided and offer and acceptance, Dave accepted the contract under the consideration that Dave will pay the rent to the landlord for the rental space. Agreeing to the conditions of the contract means that both parties are mentally stable and of legal age to consent to the terms (Contractual capacity). Legally the contract is enforceable as it does not contain any illegal actions. Landlords and tenants have rights and responsibilities, to which both parties must abide by. Landlord Lou has the right to receive the rent payments on time and the right to be reimbursed for the tenants waste. The contract between Friendly Dawg and landlord Lou was breached because of the refusal by Friendly Dawg to pat the rent, due to an issue with the air conditioning system that the landlord has a responsibility to fix.
Landlord Lou claimed that the air conditioner was not meant to be in that part of the building, as it is not his job to care for the live animals. Being the tenant means that you have the right to a comfortable environment, meaning that you have the right to make a request to maintenance to repair anything that might me working incorrectly or broken while paying for the rental space. The contract was breached when the landlord refused to replace or fix the air conditioning unit. When analyzing the scenario between landlord Lou and the Sunshine yoga studio, no written contract was legally signed by either party. Jasmine the owner of Sunshine yoga, met with landlord Lou and was offered a space to rent. As stated above, the contract must posses the four elements, to which Jasmine and landlord Lou possessed. An agreement to pay $fi00 in rent, both parties agree, and are of legal age and mentally stable, and no illegal actions where mentioned in the contract. With all the elements present the contract is valid. Landlord Lou has a responsibility to provide