Landlord Vs. Chain Store

Contracts are legally enforceable agreements made between two parties. There are many different types of contract, all made and enforced in different ways. However, for an agreement to be valid in contract, there needs to be an offer made, and acceptance.

The Landlord-Tenant law states that the tenant not deliberately or negligently destroy or damage property that they are leasing or renting. The landlord has to keep the property properly maintained and do repair work on the property when in needed (McDonough, L. R. (2013). THEN AND NOW: THE UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT AND THE REVISED RESIDENTIAL LANDLORD AND TENANT ACT--STILL BOLD AND RELEVANT?. The University of Arkansas at Little Rock Law Review, 35(4), 975). But the landlord-tenant law is also based off of the state they reside in. In the past, there were no laws to protect the tenant until the nineteen century. The landlord does have to provide a livable environment for the resident. It cannot be in disarray or cause damage

The first element of a contract is the agreement, which is defined as including an offer and acceptance of the offer. The offer must include an intention to be bound by the agreement, reasonable terms, and communication (Kubasek, 2012p. 324). In the verbal discussion between Sam and the store manager, there appears to be an attempt to form a bilateral contract because the store has promised exclusivity to the dog barking device, and Sam has offered to deliver 1,000 units. The verbal interaction shows an intention and communication of agreement to the contract. However, the terms are not fully defined in this agreement. Specifically, the

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,

To begin, In order for a contract to be valid, it must meet the following elements of a contract: Mutual assent, consideration, legal purpose and capacity. First the definition “Mutual Accent” according to Smith and Roberson’s business law 16th edition (pg 174) “The parties to a contract must manifest by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance.” In this event, Martin Motors Inc. accepted the proposal to donate an automobile as the prize.The proposal was accepted and the conditions establish to win the automobile were agreed upon that any golfer who shot a hole-in-one will win a 2016 Seabring convertible. Martin Motors Inc did not establish any other conditions or guidelines that can prevent any candidate from requesting and receiving the automobile promised after he shot the hole-in-one. Also, the second element that was followed was “consideration” according to Smith and Roberson’s business law 16th edition consideration is when both parties in the contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return or exchange. For example, in exchanged for the automobile that Martin

As a landlord, one must realize that the landlord/tenant relationship is a legally binding contract with various provisions that the landlord must understand before they partake in any rental of property to a tenant. The duties regarding deposit refund to tenant upon termination of the tenancy must be honored. Many of these basic provisions and conditions of right and responsibilities of the landlord apply whether or not there is a written lease agreement.

The landlord has many rights and obligations they have to go by. Some would be Setting up a rent amount, garner the correct amount of rent from tenant that’s due, collect any changes associated with the property, Landlords have the rights to evict the tenant from the home during the first few months of residence without probable cause or later on during the stage of tenancy, landlords have the right to know who is living in the home with tenant not including visitors,they have the rights to know about any mends needed, and give reason to access the property for any maintenance repairs or inspections and they also have the rights to review the rent every couple of years. All the rights the landlord has but the rights they don’t have is entering without permission,taking tenant 's personal property, upper the prices for rent more than what the market is

It’s wise to be aware of your rights as a renter, and these can vary between locations. Typically, landlords will be required to maintain a structurally sound and habitable property , to provide hot and cold water, with an efficient sewer system, to maintain a roof that doesn’t leak, and to maintain

A contract can only exist when there is a mutual agreement the parties involved in the contract and the agreement should be based on parties’ free will with no undue influence from the parties involved (Hillman, 2012). It is apparent that Jim and Laura made the decision to buy the car and they went to see the car dealer and initiated the agreement at the same time made an offer for Sedan cars after testing several cars. They agreed to the terms of the contract of sale and promised to come the following day to pick the car. These provided reasons beyond doubt that Jim and Laura were committed to the agreement and both of them were of age and of sound mind which made the agreement a legal contract beyond doubt.

An offer is an invitation or proposition to engage in business for mutual benefit. While no specific legal language is required to make the contract valid, the language that is presented must be specifically chosen to convey the intent of the proposal (Rogers, 2012). Second, there must be an acceptance. As Craig Smith says it, acceptance is a "manifestation of willingness to be bound by the terms of an offer" (Smith, 2015). Acceptance exists any time someone agrees to engage in business under the terms proposed. The third aspect is consideration. Consideration comes in many forms, but includes the exchange of mutual values (Rogers, 2012). The buyer provides consideration to contracts generally by exchanging money, what most sellers want from the transaction and the cornerstone of all business activity. The seller provides consideration in the form of goods or services that the buyer is willing to buy (Rogers, 2012). The next essential element of contracts is legality. To be recognized and enforceable, the elements and terms of the contract must be legal and cannot be based upon the performance of illegal activity (TFD, 2015). Finally, a valid agreement requires capacity. To enter a contract, one must be at least 18 years old, of sound mind, and competent to perform his or her duties, including an understanding of one's future obligations (TFD, 2015). While a preliminary version of mutual consideration has been discussed, no

Ted sold his textbook to Rob. I consider this an express oral contract. At some point, Ted must have expressed that he wanted to sell his textbook, prompting Rob in return to accept the offer of the book from Rob. In a express oral contract there is an exchange of promises in which the two parties agree either orally or in writing, or a combination of both, at the time it is

In determining if a contract has been formed between two parties, the elements of a contract are examined to determine its enforceability. For a contract to be enforceable, the following four basic requirements must be met: agreement, consideration, conceptual capacity, and lawful object (Cheeseman, 2010, p. 154). During the initial meeting Non-Linear Pro (offeror) made an offer to an owner of Quick Takes (offeree) the use of an editing software on a one-month trial basis. Quick Takes accepted the offer with the understanding that the trial would cost the equivalent of leasing the product. This exchange constituted a bilateral agreement

Step 3:- The parties should mutually convey their intent to be bound by the contract. Courts always search for circumstantial proof to ascertain if there was an objective to get legally involved, and if something of worth is exchanged then it shall be assumed that they had the aim to be legally involved and then it be insufficient to merely state that no one had objective of contracting.

This can be something as simple as raising an eyebrow or wearing a certain color t-shirt. It can be contrasted with a bilateral contract, where there is an exchange of promises between two parties. In Australian Woollen Mills Pty Ltd v. The Commonwealth (1954), the High Court of Australia held that, for a unilateral contract to arise, the promise must be made "in return for" the doing of the act. The court distinguished between a unilateral contract and a conditional gift. The case is generally seen to demonstrate the connection between the requirements of offer and acceptance, consideration and intention to create legal relations.

What then, defines acceptance in a legal sense? Acceptance must be final and unqualified, and communicated to the offeror. Brad and Jennifer both sign the contract in the presence of both parties, and agree to no other terms apart from those stated in the contract. Therefore, our group recognizes that Brad is the offeror and Jennifer is the offeree of the contract. Brad calls Jennifer regarding the fixture of the 40cm Superspike end-pin on the cello and offers to pay her s offer of $2,000 and agrees to the installation. Secondly, consideration must be present. Consideration is defined as something which has value in the eyes of the law and is given in exchange of a promise. Consideration can be in the form of a benefit or detriment requested for by the promisor, and must move from the promisee to the promisor. Applying the