Chain Store Contract

1698 Words7 Pages
There are various elements that should be present to prove a valid contract exists between Sam and the chain store. There are four elements of a contract and they consist of an offer and agreement, consideration, contractual capacity, legal subject matter, and no valid defenses (Kubasek, 2015). The first element agreement would be considered to exist if: the safety chain store (offerer) made an offer to Sam (offeree) with actual intent to be bound to an agreement, definite terms were agreed on, and if communication occurred between Sam and the chain store. The second element of consideration would be deemed to exist if the chain store discussed the type of payment Sam would have received for delivering 1,000 units of his new invention. Consideration,…show more content…
Such a contract may be verbal or in writing under a standard residential lease agreement. There are a few facts that may support Sam being in breach of his contract. One fact is that Sam did not retrieve a license to make and sell his inventions. All 50 states have statues that require certain professions to have licenses before they practice (Kubasek, 2015). Sam could also be in breach for violating covenant of quiet enjoyment, which is the promise the tenant has the right to quietly enjoy his surroundings (Kubasek, 2015). Since the noise from Sam’s barking device has bothered other tenants, he is interfering with their right to quiet enjoyment. Otherwise, this loud barking invention has become a nuisance for the other tenants. Some facts that may support that Sam is not in breach of his contract are mistake of fact, which “consists of unconscious ignorance of past or present material event or circumstances” (Kubasek, 2015). Sam believed Quinn understood he was starting a business remotely when Sam told Quinn he was working on his new inventions and Quinn wished him good luck. Due to this mistake of fact, Sam would not be breaching his

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