Contract
After reviewing the scenario given, the contract between The Friendly Dawg and
the landlord Lou is no longer valid. However, one valid element of the contract is the
agreement on the amount and the date of payment that the two parties agreed upon. The
original lease with the prior owner of the Friendly Dawg does not specify that the store
will be housing or selling live animals. As a landlord, there are obligations that they must
fulfill for the leasing contract to stay valid. (In reference to CH. 50) This obligation is to
ensure all your tenants experience a quiet, comfortable, and peaceful environment
Landlords and tenants each gain rights and responsibilities when a lease is created. For
example, a landlord responsibility is to provide a quiet space as the corresponding right to
the tenant is their right to quiet enjoyment of the property. This portion of the contract
was breached when the neighboring business was calling to complain about the noise
coming from the Friendly Dawg's inability to quiet down his animals.
After reading the contract scenario between Sunshine Yoga and Lou, there is no
existence of a valid contract. The two parties agreed upon a periodic-tenancy lease when
the offer of three hundred dollars per month was accepted between the two. Additional
elements of the contract along with price include the space being rented, and the terms of
a rental agreement. Sunshine Yoga has the right to a quiet space to which she is not being
provided. Sunshine Yoga could make a case for a breach of contract as she is not being
provided a quiet space as listed in her tenant rights. With her agreement being on a
month-to-month basis, Sunshine Yoga has the right to leave and terminate her contract
with Lou at her earliest convenience and notify the landlord as such.
Eviction to both parties is a feasible action for Lou to take regarding his tenants.
Given the circumstance of the Friendly Dawg not being compliant with the noise that his
unreasonable request to finance a new air conditioning unit for his animals are enough
reasons for Lou to pursue with an eviction of The Friendly Dawg because of the
possession of the premises. Sunshine Yoga could also be involved of being evicted due to
the inability to provide the monthly payments that her and Lou had agreed to. Lou on the
other had could take legal action as her covenant of quiet enjoyment was not met and the
wild animal being improperly stored and managed to enter her place of business.
Sources
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs, L. L. (2020).
Dynamic business law. McGraw-Hill Education
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Tort
The primary objective of tort law is to provide compensation towards a party that
has suffered an injury. The second objective of tort law is to maintain order to prevent
private retaliation by an injured party. The third objective is to satisfy the collective sense
of right