7-2 Project: Contract Law Jaclyn DeJesus Southern New Hampshire University BUS 206 Q3430 Professor Glen Germanowski 02/25/2024
Contract between The Friendly Dawg and Landlord Lou: Contracts form the foundation of business relationships, delineating rights, obligations, and responsibilities between parties. In the scenario presented, The Friendly Dawg, represented by Dave Dawg, operates a retail pet supply store in leased premises provided by Landlord Lou. This paper evaluates the validity of the contract between The Friendly Dawg and Landlord Lou, considering essential contract elements and the implications of business expansions. Based on "Dynamic Business Law," a valid contract comprises four essential elements: 1. Agreement (offer and acceptance), 2. Consideration, 3. Legal Object, and 4. Contractual Capacity (Dynamic Business Law, pg. 333). 1. Offer and Acceptance: An offer is a clear indication of willingness to enter a contract on certain terms. Acceptance occurs when the offeree agrees to the terms of the offer. Both offer and acceptance must be unequivocal and communicated between the parties. 2. Consideration: Consideration refers to something of value exchanged between the parties to the contract. It can be money, goods, services, or a promise to do or refrain from doing something. Consideration ensures that each party receives something of value as part of the contract. 3. Legal Object: The purpose of the contract must be legal. Contracts with illegal objectives or that violate public policy are not enforceable. 4. Contractual Capacity: Both parties must have the legal capacity to enter into the contract.
Based on this information, it is evident that the contract between Lou and Dave's father should have been considered void after his death. This is because Dave did not sign a valid contract that encompasses any of the four essential elements outlined earlier. After Dave's father's passing, it would have been prudent to draft and execute a new written contract and rental lease. This would ensure that the new tenant/leaseholder/owner of the company (Dave) fully comprehended the contractual elements related to the business, property, tenant obligations, landlord obligations, and other pertinent aspects. Dave, as the new owner of The Friendly Dawg, currently possesses the rights to expand his store to include live animals. However, he must proceed legally by engaging in a new written contract with the property owner. The existing contract specifies that the business is designated as a pet supply store only, omitting any mention of selling live animals. Therefore, this expansion should have been openly discussed with the property owner. Such discussions are essential as permits may be required and necessary safety measures to be implemented to ensure compliance and safety, such as adequate airflow to the back of the building and appropriate containment measures for the animals. While Lou, as the property owner, was made aware of the changes to the building, it was incumbent upon him to directly inquire about the expansion with Dave. This proactive approach could have facilitated the drafting of a new contract addressing the presence of animals on the property and addressing any concerns related to