Since the agreement ended, there would no longer be a binding contract that would hold the tenant liable to pay additional rent or be subject to renting additional months. “A contract ordinarily means an agreement between two or more persons” (Knapp, Crystal & Prince, 2016, p. 2). There is however, a chance the lease agreement stated that the tenant must put in writing that he/she was vacating. Although, the tenant included in the extension letter that he required the landlord to contact him in regard to the terms of the extension to confirm their agreement. There are many possibilities when it comes to the true terms of the lease, but let’s assume there were no additional binding terms that would hold the tenant past the originally signed two-year agreement. …show more content…
I agree with the tenant that there was no contact. According to Meiners, Ringleb & Edwards (2015), “acceptance is an offeree’s expression of assent or agreement to the terms of an offer” (p. 248). Acceptance needs to be “properly communicated” (Meiners, Ringleb & Edwards, 2015). The landlord never mailed back the agreement or even attempted to contact the tenant so there was no binding agreement moving forward after the initial two-year agreement. There are proper forms of acceptance in which the landlord could have followed. Unfortunately, since he neglected any form of communication with the tenant, the tenant cannot be held liable for additional months’ rent.
Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.
Meiners, R. E., Ringleb, A.H., & Edwards, F. L. (2015). The legal environment of business. Stamford, CT: Cengage
Enter the date of the original lease enclosed with the sublease contract in required format.
As background, Complainant moved into Hollywood House Apartment Unit #1207 on September 1, 2016. Complainant states that in June 2017, he received a letter from the Chicago Housing Authority that his tenant’s portion of the rent would increase from $260 to $312. Complainant states that he paid his new portion of rent $312 on July 10, 2017, September 6, 2017, and
Section 1, titled terms lists the terms of the contract. The terms of the agreement must be definite and certain. All material terms must be included. The material terms allow a court to determine what the damages are in the event that one of the parties breach the terms of the contract. Section 1, of Exhibit D: Commercial Lease Agreement list the date the lease starts and the date the lease ends. It then lists the damages that the tenant may take if the landlord is not able to provide the leased premises in a timely manner. The section then goes on to state the terms of the renewal process. The process of renewing the lease is set with a written notice of 90 days. This process is definite and certain. The renewal provision then states that the terms shall be at the rental listed in the below sections of the agreement and upon the same covenants, conditions and provisions as contained in the lease agreement. Both the terms listed to lease the premises and to renew the contract is definite and certain and it lists the material terms.
University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."
In BROGDEN v METROPOLITAN RAIL CO it was held the railway company had accepted by placing orders since the amendment of the document, and in TRENTHAM LTD v ARCHITAL LUXFER the court used the 'reasonable man' to identify whether or not there has been acceptance. Both cases seemed to have reasonable outcomes; therefore the courts had been provided with satisfactory rules to help them reach a appropriate verdict. There are various different rules regarding acceptance. There must be a communication of acceptance from the offeree to the offeror. The case of YATES BUILDING v PULLEYN deals whether there had been a prescribed acceptance or not. It was held that there was no practical difference to the offeror therefore the acceptance method was binding. However in the case of ENTORES LTD v MILES FAR EAST CORPORATION there was no prescribed acceptance, yet it was held that the contract was formed in England as that was there acceptance had been received by telex. Other rules that can be used to decide whether there has been acceptance include a waiver of communication of acceptance; silence, which isn't a valid acceptance; ignorance, generally there isn't a binding contract; and acceptance via post using the postal rule. The postal rule can often be misused, as it states that a contract has been formed as
Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)
Contract Law Case Study Both the parties in the question have come to a problematic situation
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts, the student becomes more involved in
would give 100 £. The company then deposited 1,000 £ in a bank to show
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.