Chain Store Case Study

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A. Various elements must be present to prove that a valid contract exists between Sam and the chain store.
• The four elements to a contract are the terms of the agreement, the consideration, contractual capacity and the legal object. (Chapter 13)
• The first element of the contract or agreement between Sam and the store manager would be deemed to exist if Sam made an offer to the store and it was accepted. The agreement took place when Sam offered to ship the store chain one thousand of his inventions.
• The second element of consideration would exist if there were an agreement of what Sam was to get in exchange for his 1000 inventions that was to be shipped the store chain. There was no mention of any type of compensation for Sam’s inventions so consideration is going to be hard to prove. Consideration given by what a person is to receive in exchange for completion of a contractual requirement.
• The third element of …show more content…
v. The Network group, Inc.; Builders Square, Inc.; Kmart Corp. U.S. Court of Appeals for the Sixth Circuit 277 F.3d 856 U.S. App (2002)
• A promissory estoppel is defined as when one party makes a promise knowing the other party will rely on it, the other party does rely on it, and the only way to avoid injustice is to enforce the promise even though it is not supported by consideration.
Double AA Builders, Ltd. v. Grand State Construction L.L.C. 114 P.3d 835 (Ariz. Ct. App. 2005)
C. The rights and obligations of both the property owner and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under a standard residential lease agreement.
• Some facts that may support that Sam is in breach of that contract are the terms of his contract or lease with his property owner. If the terms of the lease are being broken with the noise levels, he has coming from his apartment that is disturbing his neighbors can be grounds for eviction from the premises if there is a noise ordinance in the
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