Final Written Assignment

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School

Dutchess Community College *

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Course

215

Subject

Law

Date

Feb 20, 2024

Type

pdf

Pages

3

Uploaded by SuperHumanWalrusMaster975 on coursehero.com

ISSUE ONE 1) On what grounds will the landlord be most successful to be able to withdraw from the contract with J&J Contractors, PC? The landlord will be able to successfully withdraw from the contract with J&J Contractors, PC on the grounds of licensing statutes, failure to obtain a regulatory license to practice their trade. 2) Please define this rule. A regulatory license is a formal permit acquired by those intending to protect public welfare, health, and/or safety. To obtain a regulatory license, there must be an observation of ability, or a formal examination, by a board of members or higher education (Chapter 12 Powerpoint, Slide 16). 3) Will the landlord be successful in withdrawing from the contract with J&J Contractors, PC? Please explain your conclusion and use the facts to support your analysis. The landlord will be successful in withdrawal from the contract with J&J Contractors, PC. J&J failed to renew their contractor license, which strips them of formal permission to lay claim to the terms of the contract. Although J&J finished punctually, the quality of their work was well below professional standards, which put the landlord in a position where he must mitigate his damages. J&J entered into a contract without renewing their proper license, therefore the courts
don’t recognize the contract, otherwise known as a void contract (Chapter 12 Powerpoint, Slide 16). ISSUE TWO 1) The landlord is furious with Violet & Smith, LLP and sues them to enforce the contract. What legal doctrine will Violet & Smith, LLP rely on to argue that the contract is not enforceable? The legal doctrine Violet & Smith, LLP will rely on to argue that the contract is unenforceable is the statute of frauds, interest in real estate rule. 2) Please define this rule. The statute of frauds, interest in real estate rule states any formal agreement to purchase, mortgage, or lease land must be in writing. The exceptions include agreements that span less than a calendar year, and instances where partial performance took place. Partial performance occurs when there is an oral agreement and one party is looking to enforce it, and the act of enforcing the promise avoids injustice. However, the promisee must have reasonably relied and acted upon the oral agreement (Chapter 13 Powerpoint, Slide 11). 3) Who will be successful in their position (is the contract enforceable)? Please explain your conclusion and use the facts to support your analysis.
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