Chain Store Case Study

In order for a contract to be deemed valid, several elements need to be in place between Sam and the chain store. The four elements of a contract are; the agreement, the consideration, contractual capacity and legal object. The first element of the agreement does exist because Sam made a verbal agreement to send the 1,000 units to the chain store. Based on this verbal agreement, the element does count toward a contract. The second element of the consideration would be deemed valid to on the basis that Sam and the chain store had both agreed on what Sam would be given in exchange for his units. Because neither party made such an agreement, the contract would not be considered valid. The third element contractual capacity would be deemed to exist based on the terms that Sam is legally authorized to enter into a binding contract. Due to the validity of his age, in relation to the chain store and the criteria of a contract agreement, this is considered to be a valid element. The fourth element of legal object would be deemed to exist if the parties were to make the legal contact the legal object. No such terms were written on the legal contract, so this element would not be considered valid. (Dynamic Business Law, p. 305).

The contract can be either verbally made or written, under a standard residential lease agreement. The evidence that supports the notion of Sam being in breach of contract are that his barking invention creates a lot of noise, which is found to be very disruptive to other tenants, causing several to complain. The landlord is required by law to uphold the Covenant of Quiet Enjoyment which states, “A promise that a tenant has the right to quietly enjoy the land.” (p. 1107). It is important for the landlord to keep the apartment complex quiet and peaceful for all tenants, and under this clause, he is able to evict tenants who are being loud and