BUS-206 - Business Law I / Prof. Dixon Valerie M. Rodriguez April 18, 2022 Module 7 - Project 3 - Contract Law Based on the first contract between Friendly Dawg and Landlord Lou, we can look at the facts presented. Firstly, the commercial lease in place was originally made between Dave Dawg's father ("Mr. Dawg") and Landlord Lou many years ago. As of two years ago, however, Mr. Dawg passed away leaving Dave to run the business. Secondly, with Dave now running Friendly Dawg, he has decided to sell live animals and renovate a former storage space to house them. Lastly, with these changes Dave has made, he has accused Landlord Lou of breaching the contract by not fulfilling his obligation to "maintain the property in good repair" and thus has stopped paying rent. In reviewing these facts, we must determine whether the contract in place is still valid and/or Landlord Lou has cause to evict his longtime tenant, Friendly Dawg. The definition of contract is "a promise or set of promises for the breach of which the law gives a remedy or the performance which the law in some way recognizes a duty." In reviewing the details of the lease between Friendly Dawg and Landlord Lou, we can confirm its validity based on meeting the following elements of a contract and thus can be enforced: · Offer and acceptance of the terms between original owner of Friendly Dawg, Mr. Dawg (Dave's father) and Landlord Lou · Consideration for Friendly Dawg's use of the premises is to sell only pet food and supplies and for Landlord Lou to maintain the property in good repair · Contractual capacity to enter into a binding agreement · Legal object which classifies the lease contract as a legally binding Now that we have outlined the facts of the contract as written, what conclusions can we draw by the unwritten facts? First, there is no mention of the lease being amended two years ago upon the death of Mr. Dawg declaring Dave as the new owner. In addition, the contract does not
module 7 - project 3 - contract law 2 state conditions of a transfer of interest, or assignment, to Dave in the event his father, Mr. Dawg, sustain a disability, is mentally incapacitated, or pass away. Under the conditions of the lease, Landlord Lou has a duty to maintain the property in good repair. Dave's demand to improve the air conditioning to a former storage space does not fall in line with this term because the store was never intended to have live animals. Landlord Lou became aware of the renovations as they were underway but did not demand the work to cease. Why is that? Perhaps because Friendly Dawg has been a longtime loyal tenant and Dave was handling all the expenses of the job, Landlord Lou did not see it as an issue. Another possibility he did not stop the work could be because no one at Friendly Dawg mentioned the