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Legal Contracts and Obligations

7-2 Project Three Kimberly Taylor Southern New Hampshire University BUS - 206 Professor Kerri J. Holloway, JD, LLM April 18,2021 Contract between The Friendly Dawg and landlord Lou: The four elements of a legally binding contract are agreement, consideration, capacity, and legal object (Kubasek et al., 2020). The Friendly Dawg leased the retail property for purposes of selling pet food and supplies. The agreed-upon rent payment was $500 per month. A written contract existed between the original owner of The Friendly Dawg and Landlord Lou. There is no mention of Dave's father doing an assignment of the lease or Landlord Lou's consent. However, Lou would have waived his consent requirement when he accepted money from Dave (Kubasek et al., 2020). No valid contract exists between Dave and Landlord Lou Potential rights: Landlord Lou has the right can reclaim possession of the property because Dave did not notify him of the modifications to the property. Lou has the right to know about any construction and collect rent for the property. Claims: Landlord Lou can claim he has the right to collect rent on the property while it is in use. The original contract made no mention of selling live animals. There was no signed contract was signed. The Friendly Dawg can claim the lease allows them to use the property. Dave can claim Landlord Lou knew about the construction. Defense and Obligations: Both Landlord Lou and Dave can say they made a mistake (Kubasek et al., 2020) Remedies: Landlord Lou can retake possession of the property. He can be awarded for damages to the property. Dave can continue to rent the property or reimbursed for any inconvenience. Contract between Sunshine Yoga and Landlord Lou: A valid unwritten contract exists between Sunshine Yoga and Landlord Lou to rent the property at $300 a month. The offer was made to Jasmine, the owner, by Lou in a bar one night. Jasmine claimed Landlord Lou stated that she could rent from him forever and never face eviction. The elements of the verbal contract are agreement, consideration, and capacity. Section 2-206a states an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances (Cornell Law School, n.d.) Potential rights: Landlord Lou has the right to cancel if Sunshine Yoga violates the terms of the lease. He has the right to reclaim possession of the property. Sunshine can continue the contract and use the premises. Claims: Landlord Lou is entitled to collect rent while the property is in use. He suffered loss at no fault of his own. Sunshine Yoga breached the duty of care by failure to provide a safe environment. The snake escaping The Friendly Dawg was a threat to Jasmine's safety. Defense and Obligations: Landlord Lou can claim he made a mistake (Kubasek et al., 2020). His obligations are towards both the property and Sunshine Yoga. Sunshine Yoga is obligated to make timely rent payments and abide by the terms o