To demonstrate the legitimacy of an agreement between Sam and the chain shop, a number of factors must be present. They consist of an offer, which signifies the willingness to take action, and an approval, which requires the other party to express interest in the offer. The other components are ability and thought. (Browne, Herron, Dhooge & Barkacs, 2016). The scenario could lead to the contract becoming void for a variety of causes. They include the uncertainties in the capacity of Sam to enforce the contract, that is, if he is a minor and there was no proof to show mutual acceptance in that an offer was availed and in turn accepted by the store
.
B. Elements of a quasi-contract and a promissory estoppel
Even if there was no valid contract, elements of a quasi-contract and promissory estoppel could be present. Promissory estoppel is when a promisor goes ahead to make a promise expected to be induced. A quasi-contract is where no commitment is available, but there is need to prevent one part from being enriched unjustly (Browne, Herron, Dhooge & Barkacs, 2016). However, in the scenario, claims would still not prevail as failure to abide by the promise wasn’t detrimental to the store in any way.
C. Rights of landlord and tenant under a standard residential lease agreement
Obligations of both the tenant and landlord depend upon their terms of the agreement. The terms might be verbal or in writing. Some of the rights and obligation of the tenant include maintaining the level of noise, paying rent dues and taking good care of the apartment. On the landlord's side, the rights and obligation include providing a clean apartment for tenants, and ensuring the facilities, equipment’s and surrounding are in good condition to enhance the occupants’ comfort (Browne, Herron, Dhooge & Barkacs, 2016).
D. Does the landlord have grounds to evict Sam?
According to the rights and obligation of a lease agreement, the landlord has a right to remove Sam since his invention was causing disturbance to other tenants, therefore, breaching the contract.
E. Defense Sam might raise to an eviction notice
Some of the defenses Sam might build include he had earlier notified the landlord of his project, in turn, wishing him good luck. It possessed elements of a quasi-agreement. The other defense is that the owner never followed due process in evicting him (Terry & Giugni, 2009). No court orders or notifications were made available to him.
References
Browne, M. N., Herron, D. J., Dhooge, L. J., Kubasek, N. K., & Barkacs, L. L. (2016). Dynamic Business Law.
Terry, A., & Giugni, D. (2009). Business and the Law. Cengage Learning Australia.
