MILESTONE TWO: CASE STUDY TWO

Final Project : Milestone Two

Case Study Two
Business Law. BUS-206-X2172
Southern New Hampshire University
Dawna Jicha

MILESTONE TWO: CASE STUDY TWO

In contract law there are four basic elements that must be met before a contract can be
valid. These elements are: an offer and intent to do something, acceptance of what is offered,
intent to create legal relations, and consideration. (Kubasek 2008). In the case of Sam Stevens
and the national chain store, an offer is made when the chain store manager says it will sell
Sams barking dog machine exclusively.
Acceptance of the offer is when Sam verbally agrees to make 1000 units for this store.
Since intent to create legal relations is presumed, this goes into effect when both parties accept
the offer of the other and understand that legal actions can arise if they fail to perform as
intended. Consideration comes into play in this scenario when both parties have agreed to a price
for the units to be sold by Sam to the store.
In this scenario the two men effectively became bound by a unilateral contract, a promise
in exchange for an act. The chain store promises to buy 1000 units and Sam promises to make
them and deliver them to the store. No formal contract was signed between the two men but a
unilateral contract can still be upheld in court and one of the parties can sue if there is a breach of
this type of contract. While the scenario did not mention how much Sam was offered as payment
for his 1000 units, one must assume that he was not giving them away for free, therefore making
this a valid contract between Sam and the chain store.
If we are to assume that there was no valid contract between the two, we can look at the
different elements of a quasi-contract and promissory estoppel and see if these apply to the
situation. A quasi contract is a court imposed contract that avoids the unjust enrichment of a
party over another in a dispute over payment for goods or services. Quasi Contract. (n.d.) With
the facts provided for this case, no one party would be awarded a quasi-contract by the courts
since no one stood to gain anything over the other party by taking advantage of a situation.

MILESTONE TWO: CASE STUDY TWO

Promissory estoppel is when one party makes a promise knowing the other will and does rely on
it but the offering party does not follow through with that promise. Promissory Estoppel. (n.d.) In
this case Sam made the offer of 1000 units and the chain store manager is relying on it. Since
Sam is now facing eviction issues, it is presumed that he will be unable to deliver on his promise,
thereby making this a valid case of promissory estoppel for the chain store manager.
In a tenant and landlord situation each part has certain rights and obligations they must
adhere to, assuming this is not a tenant-at-will situation (where a landlord can evict a tenant at
will) and Sam has a signed, legally binding lease with his landlord. As a tenant Sam has the right
to privacy, to complain to government agencies if housing laws are being violated by the
landlord or if the landlord retaliates against him for filing complaints, to have repairs done in a
timely manner (30 days typically) and to escrow rent if this does not happen. Sams obligations
as a tenant include but are not limited to: keeping the premises safe and free from hazards, not
disturbing or disrupting his neighbors (quite enjoyment), and allowing the landlord access to the
home if given the standard 24-hour notice. Sams landlord has the right to set rent costs at any
amount he chooses, evict the tenant for breaking significant terms of the lease, and expect the
property to be returned in good condition, except for normal wear and tear. The landlord has the
obligations to make all repairs to keep the unit safe and hazard free, give written notice of intent
before filing and eviction notice (3 days for nonpayment - 30 days for violations and allow the
tenant to fix the violation), and not abuse the right to enter the tenants home. Landlord and
tenant. (n.d.)
As the facts pertain to this case, Sams landlord has violated his obligations by filing the
eviction notice without first writing Sam about the noise from his machine and allowing Sam the
standard 30 days to resolve the issue. While the landlord does have grounds to evict, he has not

MILESTONE TWO: CASE STUDY TWO

followed the procedure properly. Because of this misstep by the landlord, Sam would be able to
defend against the eviction in court, stating that he was never notified by the landlord about a
noise complaint or given a reasonable time frame to resolve the issue.
Contract and landlord tenant law is extremely intricate and detailed and each party must
hold up their end of the deal. Otherwise, the legal ramifications can be far reaching for the
offending party.

MILESTONE TWO: CASE STUDY TWO

Kubasek, N., Browne, N., & Giampetro-Meyer, A. (2010) Dynamic Business Law. New York:
The McGraw-Hill Companies. Retrieved January 10 2016.
Quasi Contract. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved
January 10 2016 from http://legal-dictionary.thefreedictionary.com/Quasi+Contract
Promissory Estoppel. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved
January 10 2016 from http://legal-dictionary.thefreedictionary.com/Promissory+Estoppel
Landlord and tenant. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved
January 10 2016 from http://legal-dictionary.thefreedictionary.com/Landlord+and+Tenant