Business law Final

Feedback for 5-2 Milestone Two: Case Study Two

Submission Feedback

Hi China:

Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.

Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.

http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2

Prof. McCool

Case Study Two: Quasi-Contract:

A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121

Prof. McCool

Case Study Two: Rights and Obligations:

Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted

Case Study Two: Grounds to Evict

Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.

https://www.landlordology.com/implied-covenant-quiet-enjoyment/

Prof. McCool

Case Study Two: Defenses:

Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and enjoyment of the property, the landlord may have breached the covenant of quiet enjoyment.

Prof McCool

Articulation of Response:

Overall, your response is good. Your sentences are to the point and you discuss the major elements of the grading rubric. Also, your writing is very clear and concise and to the point. Good job!

Prof. McCool

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