For a valid contract to exist between Sam and the chain store four elements must be present; these elements are the agreement, the consideration, contractual capacity and a legal object. The first element of agreement consists of an offer, by offeror to enter into a contract and an acceptance of the term by the offeree. The second element of consideration is what each party gets in exchange for the promise under the contract. The third element is contractual capacity, the legal ability to enter into a binding agreement. Under the third element of the contract, each party must have the mental ability to understand the rights and obligations under a contract and therefore comply with the terms. The fourth element of a contract is a legal …show more content…
In this case, Sam made a promise to ship 1,000 units of his new invention. However due to the eviction from his apartment and place of business, he was unable to keep the promise. He had knowledge that the chain store would sell his product exclusively and thereby the chain store relied on Sam’s promise. The chain store could argue that it reserved shelf space for Sam’s new invention and therefore it forgo contracts with other potential vendors. The chain store had a detrimental reliance on Sam’s offer; therefore the court may disallow the revocation of Sam’s offer.
Rights and obligations of landlord and tenant under a standard residential lease
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The duties and rights are classified under four areas: possession, use, maintenance and rent. (Kubasek, p.1107) Under the area of possession the landlord has the obligation to give possession of the premises to the tenant. The tenant has the right to retain possession. The tenant’s right to use the premises is governed by the agreement between the landlord and tenant. In the absence of a use agreement the tenant may use the premises in any manner as long as the use is legal and does not impose substantial injury to the landlord’s property; permanent and substantial injury to the property is considered waste. (Kubasek, p.1110) The tenant has an obligation not to commit waste and the landlord has a right to reimbursement for tenant’s waste. Regarding maintenance, landlord’s responsibility is to comply with safety, health codes and certain statutory requirements. (Kubasek, p.1112) Many states have imposed the implied warranty of habitability, where the landlord is responsible for making sure that the dwelling is habitable. Rent is defined as the payment to the landlord for the tenant’s right to possession and exclusive use of the property. The tenant obligation is to pay rent and the landlord right is to collect payment, if tenant fails to pay landlord has the right to sue or impose a landlord’s lien. (Kubasek,
The landlord failed to honor his duty to serve his tenants. The landlord is liable for any security breach within the common area section, while the tenant is responsible for his own security inside his apartment. Maybell Holley v. Mt. Zion Terrace Apartment, Inc., 382 So.2d 98 (Fla.App. 3 Dist. 1980). This means that in failing to provide the necessary security response as pertains to the replacement of the broken deadbolt lock, the landlord acted in negligence as the tenant was only liable to taking responsibility for any security breach within his
Trial Prep 3 Moon Microsystems v Zucchini Counsel for the Plaintiff Javier Hilty and Songyue Huang Part 1: Legal Arguments: The defendant 's domain name is confusingly similar to the marks owned by our client. This is obvious as his domain moonmocha.com contains both marks in question. And falls under the ACPA 15 U.S.C. § 1125(d).
The landlord retains private property rights, including management, tenant selection and maintenance. Once an individual or family receives a voucher, they will have 60 days to select suitable housing that
Every time the current “owner” of the building is not present, the building knows and acts up. When the “owner” leaves or skips a day of work, the building knows. The building does some crazy things, acting similar to a toddler when their mom leaves the house and is left with a babysitter. There is water, sewer, lighting, and electricity that will act up and not stop until its parent comes home to calm it down. My advice to you is to never leave a child (or building) in the care of a babysitter it does not know.
I have reviewed the unfortunate case in which the vehicle that you parked at the Greensboro Coliseum parking lot was vandalized. It is important for you to understand your legal rights against Greensboro Coliseum. First, let’s go over the facts of the case: After arriving at the Greensboro Coliseum parking lot, you paid a lot attendant $20 for a ticket that permits you to park in the lot. On the ticket, it specifically states “WARNING: Not responsible for damage to personal property while on Greensboro Coliseum premises."
1) What is Dollarama’s largest current asset? Elaborate on what this has to do with their operations. Dollarama’s largest current asset is merchandise inventory. Current assets are items owned by an entity can be converted into cash within one year. Merchandise inventory is an extremely important part of this company as it is intended for sale to its customers.
In her essay, “In Praise of Chain Stores”, Virginia Postrel hails the progressiveness of chain stores and counters arguments made against them. As a frequent shopper in my city, I have experienced the benefits of chain stores and how they affect the locals that shop in them. I believe that chain stores have not turned Augusta into a boring city because they are familiar even to those new to the area, they have a high standard of quality and service, and provide fair fixed prices. First, Postrel quotes Thomas Friedman in her essay, stating that “…America is mind numbingly monotonous- the most boring country to tour; because ‘everywhere looks like everwhere else…’ the familiarity of a Walmart to someone new to Augusta may be a relief,
1. In the broader context (not specific to Dollar General), what is KKR’s investment strategy? What are the challenges KKR will encounter to make its investment in Dollar General successful? How could KKR add value to Dollar General?
The inhabitants right to an “environment that is not harmful to their health and well-being” and the right to “ecologically sustainable development” is violated. Environmental ethics, on the other hand, is the area of applied ethics that discusses, reflects and reasons on normative measures (values, rules, norms, criteria) for dealing with non-human natural entities in a responsible way (Karafyllis 2013, p.292). In particular, it refers to the value that mankind places on protecting, conserving, and efficiently using resources that the earth provides. Simply put, environmental ethics poses the question - what, if any, moral obligation does man have to the preservation and care of the non-human
The doctrine was espoused in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. It requires of the promisor to honour a unilateral promise he made to the promisee who is not required to pay consideration from in certain circumstances. It was accepted as part of Australian contract law in Walton’s Stores Ltd v Maher (1988) 164 CLR 387. Brennan J listed the essential elements of an action for promissory estoppel as below; i. that the plaintiff implied or expected existence of a legal relationship whereby the promisor will not go back on his promise ii.
Apartments, on the other hand, require only
According to Preserving Affordable Housing is Green (2008), affordable housing during the renovation process creates healthier living environments. It resolves a big number of slums in many cities in the universe such as Dharabi in Mumbai, Kibera in Kenya and Kadwe in Zambia where lack of good condition and serious unsanitary. By this way, affordable housing receives positive idea such as “If construct affordable housing, then the remainder of the slum can be raised. This could change the whole lifestyle of Kibera” (Lunami, n.d.). Also, affordable housing always has sewerage system, fresh water and collecting garbage services, so people they do not have to live based on the dirty channel as well as let out waste water into the river or channels which moving around the urban center.
There will be both supporting and opposing arguments on whether there should be free-housing provided to poor and homeless people. The article, “Free housing should be a universal right” gives reasons on why there should be free housing, also possible methods to achieve free housing. The idea of free housing is to give houses and accommodations to those that lack resources so they are able to prosper and live their lives. Free housing is supported by the ideas of basic rights and the well being of people. Housing is one of human’s basic needs to function.
Quetext About FAQ Contact First impressions are important in aiding consumers with not just purchasing a product, but giving their time in the store longevity. The transition zone is a safe space for customers to pause and take in their surroundings. It is the “landing strip”, the calm before the storm. This is where a customer can pause to adjust to lighting, smell and other sensory entities. It allows them the option of screening the store before committing to it fully.
Countrywide was a diversified financial services company engaged in mortgage lending, banking, mortgage loan servicing, mortgage warehouse lending, securities, and insurance. Countrywide became the largest mortgage lender largely through aggressive sales techniques, and lowering their lending standards. Founded by Angelo Mozilo, California-based Countrywide had exponential growth by offering subprime mortgages to people with credit problems. They had several poorly framed strategies one of which was "Matching strategy" or "Supermarket strategy”, a process by which Countrywide would learn about and evaluate loan product offerings from its competitors and expand its product offering to match or exceed its competitors’ product offerings.