Chat with us, powered by LiveChat In the scenario involving The Friendly Dawg, landlord Lou, and Sunshine Yoga, contract law plays a pivotal role in determining the rights, obligations, and potential remedies - Writeden

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7-2 Project Three Submission: Contract Law

Christopher Middleton

SNHU

BUS-206

Contract Law

Introduction

In the scenario involving The Friendly Dawg, landlord Lou, and Sunshine Yoga, contract law plays a pivotal role in determining the rights, obligations, and potential remedies for each party. This analysis delves into the validity of contracts between The Friendly Dawg and landlord Lou, as well as Sunshine Yoga and landlord Lou. Additionally, it explores the grounds for potential eviction based on the contractual obligations of each party.

The contract between The Friendly Dawg and Landlord Lou

Validity of the Contract

The original lease agreement between The Friendly Dawg and landlord Lou, inherited by Dave Dawg after his father's passing, constitutes a legally binding contract. However, with the introduction of live animals for sale without explicit lease modification, the scope of the contract may have been breached.

Elements of a Valid Contract:

The lease agreement meets the essential elements of a valid contract:

-Offer and Acceptance: Landlord Lou's offer of leasing space to The Friendly Dawg was accepted by the previous owner, and subsequently by Dave Dawg.

– Consideration: Rent payments by The Friendly Dawg constitute valid consideration for the use of the leased premises.

– Legal Purpose: The purpose of the lease, initially for a pet supply store, aligns with legal requirements.

– Capacity and Consent: Both parties were legally competent and consented to the terms of the lease.

Rights, Claims, Defenses, Obligations, and Remedies:

– Landlord Lou: He retains the right to enforce the terms of the original lease, including restrictions on business activities. Landlord Lou may claim a breach of contract by The Friendly Dawg for expanding the business without consent. He must maintain the property as per lease terms. Remedies may include eviction or damages.

– The Friendly Dawg: They may claim implied consent based on landlord Lou's initial reaction to the business expansion. The Friendly Dawg could argue that the expansion was necessary for business growth. However, they are obligated to adhere to the lease terms. Remedies may include negotiating lease amendments or defending against eviction.

Contract between Sunshine Yoga and Landlord Lou

Validity of the Contract:

The verbal agreement between landlord Lou and Jasmine, owner of Sunshine Yoga, raises questions about its validity due to the absence of a written lease.

Elements of a Valid Contract:

Though lacking a written agreement, the verbal lease agreement satisfies certain elements:

– Offer and Acceptance: A verbal offer was made by Lou, presumably accepted by Jasmine.

– Consideration: Rent payments by Sunshine Yoga constitute consideration, although exact terms need clarification.

– Legal Purpose: The purpose of the agreement, leasing commercial space, aligns with legal requirements.

– Capacity and Consent: Both parties were legally competent and consented to the terms verbally.

Rights, Claims, Defenses, Obligations, and Remedies:

Landlord Lou: He may claim non-payment of rent and disturbance caused by Sunshine Yoga. His obligation includes providing a safe and peaceful environment as per legal requirements and any verbal agreements made. Remedies may include eviction or damages for non-payment.

Sunshine Yoga: They may claim verbal assurances of tenancy perpetuity and breach of implied warranty of habitability due to unsafe conditions. Sunshine Yoga is obligated to pay rent and adhere to any verbal agreements. Remedies may include negotiating lease terms or asserting defenses against eviction.

Grounds to Evict

Based on the analysis, landlord Lou may have grounds to evict The Friendly Dawg for breach of lease terms regarding business scope expansion without permission. He may also have grounds to evict Sunshine Yoga for non-payment of rent and disturbance. However, eviction procedures must comply with applicable landlord-tenant laws.

Conclusion

In conclusion, contract law principles guide the rights, obligations, and potential remedies for The Friendly Dawg, Sunshine Yoga, and landlord Lou. Understanding the validity of contracts and adherence to lease terms are crucial in resolving disputes and determining grounds for eviction.

References

Smith, J. (2020). Business Law Essentials: Contracts and Leases. Publisher X.

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Project Three Guidelines and Rubric

BUS 206 Project Three Guidelines and Rubric

Competencies In this project, you will demonstrate your mastery of the following competencies:

Apply relevant aspects of law to current business situations

Differentiate between matters of law and matters of ethics in business situations

Scenario The Friendly Dawg is a retail pet supply store owned by Dave Dawgs. Dave has worked in the store since high school and took over

running the store after his father died two years ago. Originally the store sold only pet food and supplies, such as animal food, bird

cages, water bowls, pet beds, and so forth. Upon taking ownership, Dave added fish tanks with fish for sale. Recently he built a kennel

and cages in a former storage area in the rear of the store in order to sell live animals, such as snakes, birds, dogs, and cats. Landlord Lou

came by during renovations and asked what was going on. One of Dave’s employees told Lou that The Friendly Dawg was expanding its

inventory and needed the space. Landlord Lou told the employee, “Very exciting! Good luck!”

A few weeks later, landlord Lou began receiving complaints from the neighboring tenant, the Sunshine Yoga studio, that the noise from

the dogs and parrots was very disruptive.

The signed lease between Dave Dawg’s deceased father and Lou describes the business as a pet supply store only and does not mention

selling live animals. The lease specifies a rent in the amount of $500 a month. Sunshine Yoga does not have a written lease. The owner of

Sunshine Yoga, Jasmine, met Lou one night in a bar two years ago where he verbally offered to rent her the space for $300 a month.

Jasmine claims that landlord Lou told her that night that she could rent from him forever and that he would never evict her.

Lou called Dave, asking him to quiet the animals. Dave said he would try, but the complaints from Jasmine continued. Dave also

demanded that Lou improve the air-conditioning system, claiming it was too hot in the rear of the store for his animals and it was

causing them to become agitated. Landlord Lou refused, claiming that air-conditioning was not meant to cool that area and it was not

his job as landlord to take care of live animals.

Dave stopped paying his rent, claiming that he was not obligated to do so because Lou was breaching his obligation under the lease to

maintain the property in good repair. The next day, a dangerous snake escaped through the air vents and slithered into the neighboring

yoga studio, frightening Jasmine, the owner, such that she had a heart attack.

After recovering, Jasmine stopped paying her rent, claiming that the premises were unsafe due to the presence of wild animals. She also

claimed that she has been very depressed and anxious as a result of the ongoing situation. And she contends that she has lost clients

because of the noise coming from The Friendly Dawg.

The Friendly Dawg has been a good tenant, enjoys a strong customer base, and pays more in rent than Sunshine Yoga. Sunshine Yoga

has always been late with rent, and Jasmine constantly bothers Lou over minor issues.

Directions Write two short papers—one on contract law and one on tort law.

Contract LawContract LawContract LawContract Law

Evaluate the potential rights, claims, defenses, obligations, and remedies for each party from the perspective of contract law.

Determine whether landlord Lou has a right to evict either party. Use reliable resources, such as the textbook and other course

resources, to support your evaluation. Specifically, include the following components in your evaluation:

1. Contract between The Friendly Dawg and landlord LouContract between The Friendly Dawg and landlord LouContract between The Friendly Dawg and landlord LouContract between The Friendly Dawg and landlord Lou

A. Analyze the scenario to determine whether a valid contractvalid contractvalid contractvalid contract still exists between The Friendly Dawg and landlord Lou.

i. Explain the elements of a valid contract, and identify which contract elements, if any, exist between The Friendly Dawg and

landlord Lou.

B. Analyze the potential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remedies available to both landlord Lou and The Friendly

Dawg in this scenario.

i. Support your analysis by referencing specific legal principles or laws.

2. Contract between Sunshine Yoga and landlord LouContract between Sunshine Yoga and landlord LouContract between Sunshine Yoga and landlord LouContract between Sunshine Yoga and landlord Lou

A. Analyze the scenario to determine whether a valid contractvalid contractvalid contractvalid contract still exists between Sunshine Yoga and landlord Lou.

i. Explain the elements of a valid contract, and identify which contract elements, if any, exist between Sunshine Yoga and

landlord Lou.

B. Analyze the potential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remediespotential rights, claims, defenses, obligations, and remedies available to both landlord Lou and Sunshine

Yoga in this scenario.

i. Support your analysis by referencing specific legal principles or laws.

3. Grounds to evictGrounds to evictGrounds to evictGrounds to evict

A. Describe whether, based on your analysis of each party’s rights and obligations, landlord Lou has the grounds to evict either The

Friendly Dawg or Sunshine Yoga.

B. Support your conclusions by referencing specific legal principles or laws.

4. Include a References section and cite your sources using APA style.

Tort LawTort LawTort LawTort Law

Evaluate the implications of tort law in this scenario and what legal claims Sunshine Yoga might have. Use reliable resources, such as the

textbook and other course resources, to support your evaluation. Specifically, include the following components in your evaluation:

Tort lawTort lawTort lawTort law: Define what tort law is and how torts may affect business practices.

Relevant tort lawsRelevant tort lawsRelevant tort lawsRelevant tort laws: Identify tort laws relevant to the scenario, specifically the incident involving the snake.

Legal claimsLegal claimsLegal claimsLegal claims

A. Identify what legal claims Sunshine Yoga might have against The Friendly Dawg and landlord Lou, based on those tort laws and

related legal principles.

B. Support your conclusions by referencing the applicable tort laws and related legal principles.

Include a References section and cite your sources using APA style.

What to Submit To complete this project, you must submit the following two papers:

Contract LawContract LawContract LawContract Law

Your submission should be a 3- to 5-page Word document with 12-point Times New Roman font, double spacing, and one-inch margins.

Sources should be cited according to APA style.

Tort LawTort LawTort LawTort Law

Your submission should be a 2- to 4-page Word document with 12-point Times New Roman font, double spacing, and one-inch margins.

Sources should be cited according to APA style.

Project Three Rubric

CriteriaCriteriaCriteriaCriteria Exemplary (100%)Exemplary (100%)Exemplary (100%)Exemplary (100%) Proficient (85%)Proficient (85%)Proficient (85%)Proficient (85%)

NeedsNeedsNeedsNeeds

ImprovementImprovementImprovementImprovement

(55%)(55%)(55%)(55%)

Not Evident (0%)Not Evident (0%)Not Evident (0%)Not Evident (0%) ValueValueValueValue

Contract Law:Contract Law:Contract Law:Contract Law:

The FriendlyThe FriendlyThe FriendlyThe Friendly

Dawg: ValidDawg: ValidDawg: ValidDawg: Valid

ContractContractContractContract

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately explains

elements of a valid

contract and which

contract elements

exist between the

parties

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content, support for

analysis from

relevant resources,

and thoroughness of

analysis

Does not attempt

criterion

10

Contract Law:Contract Law:Contract Law:Contract Law:

The FriendlyThe FriendlyThe FriendlyThe Friendly

Dawg: PotentialDawg: PotentialDawg: PotentialDawg: Potential

Rights, Etc.Rights, Etc.Rights, Etc.Rights, Etc.

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately explains

what the parties’

potential rights,

claims, defenses,

obligations, and

remedies are, with

reference to specific

legal principles or

laws

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content, support for

analysis from

relevant resources,

and thoroughness of

analysis

Does not attempt

criterion

10

Contract Law:Contract Law:Contract Law:Contract Law:

Sunshine Yoga:Sunshine Yoga:Sunshine Yoga:Sunshine Yoga:

Valid ContractValid ContractValid ContractValid Contract

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately explains

elements of a valid

contract and which

contract elements

exist between the

parties

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content, support for

analysis from

relevant resources,

and thoroughness of

analysis

Does not attempt

criterion

10

Contract Law:Contract Law:Contract Law:Contract Law:

Sunshine Yoga:Sunshine Yoga:Sunshine Yoga:Sunshine Yoga:

Potential Rights,Potential Rights,Potential Rights,Potential Rights,

Etc.Etc.Etc.Etc.

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately explains

what the parties’

potential rights,

claims, defenses,

obligations, and

remedies are, with

reference to specific

legal principles or

laws

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content, support for

analysis from

relevant resources,

and thoroughness of

analysis

Does not attempt

criterion

10

Contract Law:Contract Law:Contract Law:Contract Law:

Grounds to EvictGrounds to EvictGrounds to EvictGrounds to Evict

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Describes whether

there are grounds to

evict either party,

and references

specific legal

principles or laws

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include more

detailed and logical

contract analysis on

grounds for eviction,

and support from

relevant resources

Does not attempt

criterion

20

Tort Law:Tort Law:Tort Law:Tort Law:

DefinitionDefinitionDefinitionDefinition

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately defines

what tort law is and

includes a

description of how

torts may affect

business practices

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content and insight

into how tort law

may affect business

practices

Does not attempt

criterion

10

Tort Law:Tort Law:Tort Law:Tort Law:

Relevant TortRelevant TortRelevant TortRelevant Tort

LawsLawsLawsLaws

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Accurately identifies

the tort laws

relevant to incident

involving the snake

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include accuracy in

content, and insight

into relevance of

tort laws

Does not attempt

criterion

10

Tort Law: LegalTort Law: LegalTort Law: LegalTort Law: Legal

ClaimsClaimsClaimsClaims

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Clearly explains and

identifies legal

claims Sunshine

Yoga might have

against The Friendly

Dawg and landlord

Lou based on

specific tort law and

related legal

principles

Shows progress

toward proficiency,

but with errors or

omissions; areas for

improvement may

include more

detailed and logical

analysis of relevant

tort law and related

legal principles, and

more support by

relevant resources

Does not attempt

criterion

10

Articulation ofArticulation ofArticulation ofArticulation of

ResponseResponseResponseResponse

Exceeds proficiency

in an exceptionally

clear, insightful, or

sophisticated

manner

Clearly conveys

meaning with

correct grammar,

sentence structure,

and spelling,

demonstrating an

understanding of

audience and

purpose

Shows progress

toward proficiency,

but with errors in

grammar, sentence

structure, and

spelling, negatively

impacting

readability

Submission has

critical errors in

grammar, sentence

structure, and

spelling, preventing

understanding of

ideas

5

Citations andCitations andCitations andCitations and

AttributionsAttributionsAttributionsAttributions

Uses citations for

ideas requiring

attribution, with few

or no minor errors

Uses citations for

ideas requiring

attribution, with

consistent minor

errors

Uses citations for

ideas requiring

attribution, with

major errors

Does not use

citations for ideas

requiring attribution

5

Total:Total:Total:Total: 100%

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BUS-206-Q4441 Business Law I 24EW4 Christopher Middleton

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Table of Contents Assignment Information Project Three Guidelines and Rubric

Activity Details

,

7-2 Project Three Submission: Contract Law

Christopher Middleton

SNHU

BUS-206

**Tort Law**

**Introduction**

Tort law encompasses civil wrongs that result in harm to individuals or property, for which the injured party may seek remedies in the form of damages. In the scenario involving The Friendly Dawg, landlord Lou, and Sunshine Yoga, tort law plays a crucial role in determining liability for the incident involving the escaped snake and potential legal claims. This analysis explores the implications of tort law in the given scenario, identifies relevant tort laws, and discusses potential legal claims against The Friendly Dawg and landlord Lou.

**Tort Law**

**Definition of Tort Law:**

Tort law pertains to civil wrongs that cause harm or injury to individuals or property, leading to legal liability for the responsible party. It covers a wide range of wrongful acts, including negligence, intentional misconduct, and strict liability.

**Relevant Tort Laws:**

In the scenario, the incident involving the escaped snake into Sunshine Yoga may implicate several tort laws, including:

– **Negligence:** The duty of care owed by The Friendly Dawg in ensuring the safe containment of dangerous animals.

– **Premises Liability:** Landlord Lou's responsibility for maintaining safe conditions on the leased property.

**Legal Claims**

**Against The Friendly Dawg:**

Sunshine Yoga may have legal claims against The Friendly Dawg based on the following tort laws:

– **Negligence:** The Friendly Dawg could be liable for negligence in failing to properly secure the dangerous animal, which resulted in harm to Sunshine Yoga. The duty of care requires The Friendly Dawg to take reasonable precautions to prevent harm to neighboring businesses.

– **Strict Liability:** Depending on applicable laws, The Friendly Dawg may be strictly liable for harm caused by inherently dangerous activities, such as keeping wild animals on the premises.

**Against Landlord Lou:**

Sunshine Yoga may also have legal claims against landlord Lou:

– **Premises Liability:** Landlord Lou may be liable for premises liability d