Contract Law The elements of valid contract consist of the agreement, consideration, contractual capacity, and a legal object. Agreement consists of an offer made by one party, the offeror, and the acceptance of the offer by another party, the offeree. Consideration is what each party gets in exchange for his or her promise under a contract. Contractual agreement is the legal ability to enter into a binding agreement. This means that an individual needs to be of age to enter a contract and has the mental compacity to do so. Lastly, a legal object means that to be enforceable the contract cannot be either illegal or against public policy. Dave and the landlord exhibited all of most of these elements of a valid contract. One thing that it lacks is consideration. Dave asked the landlord to improve the air conditioning system because it was too hot for the dogs. The landlord knew about the animals and said "Very exciting! Good luck!". I believe that the contract between Dave and the Landlord is not valid. This is due to both sides lacking consideration (Kubasek, N). Dave can withhold rent due to the landlord's breach of warranty of habitability. In the contract the landlord agreed to make necessary repairs for habitability. The money would need to sit in an escrow account until the landlord makes the repairs. Dave could also sue the landlord for not making necessary repairs. His last option would be constructive eviction. Being that the heat in the building could potentially hurt the animals, Dave could use this against the landlord. The landlord would have the right to evict or sue for non-payment of rent. Being that the landlord found out about the live animals but not do anything about it, it was considered implied agreement even though it was not in the contract. However, the contract also did not state animals were not allowed. One thing that the landlord could use against Dave is that he was
breaking the other tenant's right to covenant of quiet enjoyment because his snake got loose and caused emotional trauma to the neighboring tenant. The contract between the landlord and Sunshine Yoga was not a valid contract because if a lease exceeds a year, it must be in writing. They were in a Quasi-contract or also known as implied-in-law contract, which isn't a real contract. However, the courts will impose a contractual obligation on one of the parties as if they had entered into a contract. This contract breeches contractual compacity. The landlord could choose to start an eviction process for Sunshine Yoga for being late on the rent and not having a written contract. Sunshine Yoga could possibly attempt to claim the right to a safe space, however that doesn't particularly fall on the landlord. She could choose to sue Friendly Dawg for emotional damages, or she could file a nuisance lawsuit. In my analysis, I determined that the landlord has grounds to evict Sunshine Yoga. Being that they were in