Project Three: Contract Law Discussion Paper

Project Three: Contract Law Discussion Paper

Project Three: Contract Law Discussion Paper

According to the scenario, there is a new dog daycare facility in town called The Friendly Dawg. Owners of Dawgs may leave their furry charges for the night or even the day with confidence that they will get loving care. Lou, the owner, has always loved dogs and always wanted to have her own dog daycare. She is thrilled to be able to finally share her passion of dogs with the neighborhood and offer services that will improve people’s lives. Lou has created an agreement that all customers must sign before dropping off their pets in order to ensure that everything goes well at The Friendly Dawg. The Friendly Dawg’s services are described in this contract, along with the guidelines that must be adhered to. The scenario provided allows for the examination of contract law. The components of the contract must thus be determined. A contract can only be enforceable if both participants are in agreement with its terms and there is an interchange of something of value (usually money). A contract between The Friendly Dawg and Lou was evident from the instance or scenario provided; Lou leased out the property to The Friendly Dawg, so they both signed the agreement. It is unclear, however, if anything of worth was exchanged. The Friendly Dawg may have paid some rent in advance, but even in that case, it would only have covered a portion of the lease’s duration. The purpose of this assignment is to analyze the contract between Landlord Lou, Friendly Dawg and Sunshine Yoga. 

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Contract between The Friendly Dawg and landlord Lou

From the given scenario, it is hard to determine with certainty what occurred since there may be certain details that are absent. The Friendly Dawg did not seem to have upheld its half of the bargain with Lou, the landlord, based on the facts presented. In this case, neither side would be compelled to uphold the conditions of the agreement since they are no longer legitimate. It is important to keep in mind that there may be further options for resolving this conflict, such as way of arbitration or negotiation. The Friendly Dawg and Lou may want to think about getting legal help if they cannot reach into agreement on their own.

The company, Friendly Dawg, and the landlord, Lou, have a formal agreement. The agreement concerned a $500 per month premises leasing. Since the sale of live animals was not authorized under the terms of the contract since it was designed for pet supply stores rather than live animals, the contract between the two sides was null and invalid. This contract requires the offer, deliberation, acceptance, and sound capabilities (Kubasek et al., 2019). These parts are true, however since Dave broke the terms of the agreement, Landlord Lou may now cancel the agreement. The range of potential claims, rights, defenses, obligations, and remedies in this case is shown below.

Potential rights:  involve the authority to decline the agreement if the terms are violated, the right to be informed about any changes introduced to the property, and the right to recover the property if the rules are breached. For the length of the lease’s validity, Friendly Dawg will continue to have the legal right to use the property.

Claims: Given that the contract’s provisions have been violated, the premise is unsafe and this is attributed to the prevalence of live animals. Landlord Lou has the audacity to charge rent in accordance with the terms and conditions of the agreement, thus the facility was constructed under non-contractual circumstances. The contract allowed Friendly Dawg to use the premises, and Landlord Lou was informed of the increase in inventory.

Defense: It may be argued that Dave’s violation of a contract relating to improvements at the facility prevented Landlord Lou from repairing the property. For the sale of live animals instead of what was agreed upon within the contract, Friendly Dawg’s defense of mistake could be accepted.

Obligations: Both the premises and the local residents have rights that must be upheld. It is Friendly Dawg’s duty to use the property in line with the agreement of the lease agreement and to pay Landlord Lou’s rent.

Remedies: Landlord Lau is entitled to compensate for the issues he caused, as well as the right to repossess the property. approving the sale of live animals on the property and paying compensation for the problems and danger that live animals have brought to other people.

Contract between Sunshine Yoga and landlord Lou

There is an unwritten understanding between Sunshine Yoga and Landlord Lou. This agreement calls for the leasing of a location with the intention of utilizing it in accordance with predetermined guidelines. It was decided that the house would be rented for $300 a month. Sunshine Yoga and the Landlord Lou have a valid lease agreement since Article 2A-206 permits either a written or oral lease agreement (Kubasek et al., 2019). As a consequence, there was no formal leasing agreement between the parties, which is also legal and enforceable. According to Section 2A-206 of the Uniform Commercial Code, a lease agreement must be acceptable, significant, and sound for the parties in order for it to be valid (Rhee, 2020). This suggests that every component is fundamentally important in establishing a contract’s legal validity. Potential claims, rights, defenses, obligations, and remedies of Landlord Lou include the right to revoke the tenancy agreement and the right to end the contract in the event that the provisions are broken.

Claims: Due to the parties’ compliance with all requirements for a valid contract, the two claims in this case are that they are entitled to rent for the term of the agreement and that they are enforceable (i.e. landlord Lou and Sunshine Yoga). Sunshine Yoga broke the landlord’s fiduciary responsibility.

Defense: Failure might be defined as failing to exercise the required caution and warrant Sunshine Yoga safety standards.

Obligations: Obligation to maintain the property in a reasonable manner in line with the terms of the parties’ agreement and to provide the agreed-upon degree of safety. The Friendly Dawg, which is devoid of snakes and live animals, should provide Sunshine Yoga safety.

Remedies: Recover Sunshine Yoga’s normal rent obligations to the landlord, and any damages resulting from losses incurred due to late payment of rent.

Grounds To Evict

Lou, the landlord, has the power to remove Dave’s Friendly Dawg because of the breach of contract. Although live animal sales have since been added, the facility’s initial purpose was to be used for the retail sale of pet products. This is a breach of contract since it violates the terms of the deal. Due to Dave’s unpermitted use of the property to sell live animals, which Landlord Lou has a right to know about, Landlord Lou may remove him for breach of contract. By making sure that live animals don’t walk off the property, Dave also has the responsibility of taking reasonable measures to guarantee that his business operations do not risk or hurt other visitors. There are many legal factors that might support Dave’s removal. The first legal concepts to be examined in this case are the tort of negligence and Dave’s strict liability (Kubasek et al., 2019). Selling live animals without taking the necessary steps to ensure that his activities do not threaten other people or their property on the premises or in the neighborhood constitutes negligent behavior on the part of Friendly Dawg (Beatty et al., 2022). He was fully aware that if the air conditioning system repair didn’t work, his animals may run away and endanger other people. Due to the breach of severe accountability, he is now obligated to fulfill his obligations.

Conclusion

From the analysis of this case, it is hard to determine with certainty what occurred in this case since there may be certain details that are absent. The Friendly Dawg did not seem to have upheld its half of the bargain with Lou, the landlord, based on the facts presented. There is an unwritten understanding between Sunshine Yoga and Landlord Lou. This agreement calls for the leasing of a location with the intention of utilizing it in accordance with predetermined guidelines. Lou, the landlord, has the power to evict Dave’s Friendly Dawg due to a breach of contract. Although live animal sales have since been added, the facility’s initial purpose was to be used for the retail sale of pet products.

References

Beatty, J. F., Samuelson, S. S., & Abril, P. (2022). Introduction to Business Law. Cengage Learning.

Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2019). Dynamic business law: The essentials (pp. 28-50). McGraw-Hill Education.

Rhee, R. J. (2020). Essential concepts of business for lawyers. Aspen Publishers.

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8-1 Discussion: Business Law and You

As you are finishing up the course, reflect on your experience. Write a short discussion on the below info and respond to the 2 post below
• What topic did you find the most interesting and why? (Contract Law)
• How have your ideas and perceptions changed about business law and its scope?
• How will you use the information you learned in this course in your personal and professional life (Accounting) ?
Responded to the 2 post below, offer additional suggestions for how the business law concepts covered in this course may be used in their personal and professional lives.
1.
Hello Professor Schultz & Class,
I have taken a similar course at a different online school, but this courses flow and information stuck better than the previous school. Reflecting on the last eight weeks, the topic that sticks out to me is contract law. The career path I am currently on is accounting in the world of government. This career path often is closely tied with revenue and expenditure contracts between whatever level of government I decide to work for and others (local government, non-profits, various vendors, etc.). Understanding contract law over all with help me in reading through the contracts as they cross my desk and will also help me give guidance to the divisions or programs, I am working with, so they understand what is expected of them once the contract is signed.
My perception of business law and the scope it covers has always been broad as I have always had a basic understanding of the world as a whole works. Taking this course has tidied up the understanding and made it more clear in certain areas for me.
Thank you so much Professor Schultz for your patience and understanding with us all during the past eight weeks.
Angela
2.
Hey Class,
I have enjoyed working with everyone throughout this course! I found this whole course very interesting, but the most fascinating topic to me is tort law. Even though tort law is a civil wrongdoing, it reminds me of true crime because it is a wrongdoing to someone. I find trying to figure out the way a criminal think is fascinating. I thoroughly enjoyed reading about this topic.
At first, I was not very enthused by this course. I thought I would not need it because I only thought about criminal law. As I began this course, I learned that I should be knowledgeable in business law because I could find myself owing the government fines or being sued by another party. I am currently putting my coursebook up for future reference in case I am ever in need. My perceptions of what the government must handle have changed as well. I now realize they cannot handle every wrongdoing in business affairs. That’s why we have business ethics and social responsibility.
I will reference this course information many times throughout my future career. Ethics are not only for professional affairs, but they are also helpful in personal affairs. It is always good to have good ethics and want the best for any human being. This can build strong relationships because everyone will know you are an upstanding citizen. Also, when owning a business, you should always know what laws apply to your everyday situations. This could prevent any legal trouble and a bad reputation in the public’s eyes.
Kellie Nichols