As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met (Kubasek, 2009).
In view of Sam and the chain store not signing a contract, the agreement element of this contract is thought to occur when Sam verbally stated that he would ship 1,000 units to the chain store. This is best described by the author, …show more content…
When entering a lease the tenant and landlord acquire certain rights and obligations. As explained in the textbook, “These duties and rights can be classified under four main areas: possession, use, maintenance, and rent” (Kubasek, pg. 1107, 2009). The rights and obligations of tenants can include exclusive possession of property for the duration of lease, maintaining the property in a safe and sanitary way, and the right to have privacy. The landlord has rights and responsibility in which some include complying with all building, housing, health and safety codes, making reasonable repairs to property, and the obligation to give the tenant a 24-hour notice before entering the property (Ohio State Bar Association, 2016). Covenant of quiet enjoyment is an obligation of a landlord to provide a peaceful setting for the tenant to possess. This is best described by the author, “. One of the most important promises that a landlord makes in a lease is the covenant of quiet enjoyment, a promise that the tenant has the right to quietly enjoy the land” (Kubasek, pg. 1107, 2009). The tenant and landlord have the right to limited or define the ways in which the property can be utilized. Clearly, if a usage limit is established within the lease, the tent must abide. Nevertheless, the tenant has an obligation to use the residence in a way that does not create a disturbance to other tenants (Kubasek,
In view of Sam and the chain store not signing a contract, the agreement element of this contract is thought to occur when Sam verbally stated that he would ship 1,000 units to the chain store. This is best described by the author, …show more content…
When entering a lease the tenant and landlord acquire certain rights and obligations. As explained in the textbook, “These duties and rights can be classified under four main areas: possession, use, maintenance, and rent” (Kubasek, pg. 1107, 2009). The rights and obligations of tenants can include exclusive possession of property for the duration of lease, maintaining the property in a safe and sanitary way, and the right to have privacy. The landlord has rights and responsibility in which some include complying with all building, housing, health and safety codes, making reasonable repairs to property, and the obligation to give the tenant a 24-hour notice before entering the property (Ohio State Bar Association, 2016). Covenant of quiet enjoyment is an obligation of a landlord to provide a peaceful setting for the tenant to possess. This is best described by the author, “. One of the most important promises that a landlord makes in a lease is the covenant of quiet enjoyment, a promise that the tenant has the right to quietly enjoy the land” (Kubasek, pg. 1107, 2009). The tenant and landlord have the right to limited or define the ways in which the property can be utilized. Clearly, if a usage limit is established within the lease, the tent must abide. Nevertheless, the tenant has an obligation to use the residence in a way that does not create a disturbance to other tenants (Kubasek,