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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.
write a contract law paper
Contract 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:

Contract between The Friendly Dawg and landlord Lou
Analyze the scenario to determine whether a valid contract still exists between The Friendly Dawg and landlord Lou.
Explain the elements of a valid contract, and identify which contract elements, if any, exist between The Friendly Dawg and landlord Lou.
Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and The Friendly Dawg in this scenario.
Support your analysis by referencing specific legal principles or laws..
Contract between Sunshine Yoga and landlord Lou
Analyze the scenario to determine whether a valid contract still exists between Sunshine Yoga and landlord Lou.
Explain the elements of a valid contract, and identify which contract elements, if any, exist between Sunshine Yoga and landlord Lou.
Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and Sunshine Yoga in this scenario.
Support your analysis by referencing specific legal principles or laws.
Grounds to evict
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.
Support your conclusions by referencing specific legal principles or laws.
Include a References section and cite your sources using APA style.

1 answer

Contract Law Paper: The Friendly Dawg and Sunshine Yoga

Introduction

Contract law governs all agreements made between parties that contain certain essential elements. This paper evaluates the potential rights, claims, defenses, obligations, and remedies for each party: The Friendly Dawg (tenant) and landlord Lou, as well as Sunshine Yoga (tenant) and landlord Lou. It further analyzes whether a valid contract exists between these parties and which, if any, may be evicted under their respective arrangements.

Contract between The Friendly Dawg and Landlord Lou

Validity of Contract

A valid contract typically includes the following elements: an offer, acceptance, consideration, mutual assent (or meeting of the minds), and consideration. In this case:

  1. Offer: The lease agreement between Lou and Dave’s deceased father constituted an offer to rent the premises.
  2. Acceptance: Acceptance occurred when the father signed the lease.
  3. Consideration: The consideration here is the mutually agreed-upon rent of $500 per month in exchange for usage of the premises.
  4. Mutual Assent: Both parties agreed to the terms in the lease.
  5. Capacity: Both parties had the legal capacity to enter the contract, although the lease predates Dave’s ownership of the store.

Considering these elements, a valid contract exists between The Friendly Dawg and landlord Lou, despite the business expansion beyond selling pet supplies.

Rights, Claims, Defenses, Obligations, and Remedies

Rights and Claims:

  • Lou: Lou has the right to enforce the lease terms as they were originally stated. Dave’s addition of live animals may breach the agreement.
  • Dave: He may claim that Lou has failed to maintain a safe environment, invoking a potential argument of constructive eviction.

Defenses:

  • Lou: Can argue that the expansion violates the lease and that Dave’s claim based on insufficient air conditioning is unfounded.
  • Dave: Might argue that Lou implicitly consented to the expansion by stating “Good luck” when informed about the renovations.

Obligations:

  • Lou: Has an obligation to maintain the premises but may argue that maintenance does not extend to accommodating Dave’s business alterations.
  • Dave: Has an obligation to pay rent but may seek to withhold it claiming constructive eviction.

Remedies:

  • Lou may seek to evict The Friendly Dawg based on lease violations.
  • Dave may assert damages for not having a safe environment for his animals or negotiate the rent in light of the air conditioning issues.

Contract between Sunshine Yoga and Landlord Lou

Validity of Contract

Elements of a Contract:

  1. Offer: Lou’s verbal offer at the bar constitutes an offer if Jasmine believed it to be a binding agreement.
  2. Acceptance: Jasmine accepted this offer by occupying the space.
  3. Consideration: The consideration here involves rent payment of $300 per month.
  4. Mutual Assent: While mutual assent exists, the lack of a written agreement poses challenges regarding enforceability.
  5. Capacity: Both parties had the legal capacity to contract.

Despite verbal agreement, the absence of a written lease may complicate the enforceability of the contract.

Rights, Claims, Defenses, Obligations, and Remedies

Rights and Claims:

  • Lou: Lou retains the right to enforce payment of rent; however, his lack of a written lease undermines his position regarding eviction.
  • Jasmine: Jasmine may claim that the premises are unsafe due to the presence of animals and that this situation constitutes constructive eviction.

Defenses:

  • Lou: Could argue no formal agreement exists, disputing Jasmine's claims.
  • Jasmine: Might argue that the verbal agreement of eternal tenancy creates an expectation that the premises would be safe.

Obligations:

  • Lou: Obligated to ensure the premises are safe and meet reasonable health standards.
  • Jasmine: Obligated to pay rent unless she can demonstrate constructive eviction.

Remedies:

  • Lou could seek back rent through legal means, while Jasmine may seek damages for distress or argue for rent abatement due to unlivable conditions.

Grounds to Evict

Based on the analysis of rights and obligations, landlord Lou may have grounds to evict The Friendly Dawg due to its operation beyond the allowed scope of the lease. Moreover, if Lou enforces evictions, Sunshine Yoga may argue that it is a retaliatory eviction given Jasmine's safety concerns.

Conversely, Lou lacks solid grounds to evict Sunshine Yoga given the agreement's informal nature, although Jasmine might struggle in court due to the absence of written terms.

In summary, Lou has legal grounds to consider eviction for The Friendly Dawg. For Sunshine Yoga, the lack of a formal lease may hinder eviction claims despite their legitimate complaints.

References

  1. Uniform Commercial Code (UCC). (n.d.). Retrieved from UCC
  2. Restatement (Second) of Contracts. (n.d.). Retrieved from Legal Information Institute
  3. Contract Law: A Textbook. (2019). LexisNexis.
  4. U.S. Legal. (n.d.). Contracts: Elements of a Contract. Retrieved from U.S. Legal
  5. Javins v. First Nat. Realty Corp., 390 F.2d 589 (D.C. Cir. 1968) - Case Law on Constructive Eviction.

This paper provides an analytical overview of the contractual obligations each party holds under the given scenario, references applicable legal principles, and concludes with thoughtful recommendations regarding potential evictions based on the established contractual rights and duties.