Lease assingment Essay Example | Topics and Well Written Essays - 750 words

Lease assingment - Essay Example The first item that appears uncomfortable is leasing the bedroom apartment because I am not allowed to use any other part of the premise. Flexibility should be enhanced to all tenants by the proprietor in terms of using other sections of the premises (Jacobus 282). Another problem in the lease is that the contract runs for a year. As a tenant, I have no flexibility in terms of terminating the contract before the stipulated period. Moreover, the property manager, who is Joe Daworker, is responsible for handling issues concerning use of premises. A problem may arise making me want to talk directly to the owner of the premises. As a tenant, I feel that 1,455 US dollars is a lot of money to be paid to the proprietor within a single day because security deposit is to be paid during the signing of lease contract. The security deposit should be paid in installments because there is no guarantee that I will damage any part of the premises as a tenant. Another problem arises from possession o f the premises as outlined in lease contract. Since I will be entitled to possess the premises on the first day of signing the contract, I feel that the proprietor should also be responsible in ensuring the well-being of all tenants. This should involve carrying out maintenance and repairs of the one bedroom apartment during my stay in the premises. ... According to premise usage, the proprietor restricts any form of retail, professional and commercial activities within the apartment. In the event of carrying out any commercial activities, consent must be obtained from the proprietor by following. This item contrasts with possession rights because I should be allowed to carry out any legal activities within the apartment as a tenant. The proprietor requires tenants to get liability insurance before engaging in any professional or commercial activities. In the event of failing to abide by that item on the leasing agreement, the tenant is evicted from the premise with immediate effect because he or she is said to have breached the leasing contract. I find this item tedious and costly since the process of obtaining insurance liability is quite demanding and expensive (Jacobus 283). In terms of evicting the premise, I feel that every tenant should be given adequate time to find another apartment before being forced to vacate the premise s. The contract restricts any extra person apart from the tenant to stay in the apartment. I find this clause unrealistic because relatives and friends who may want to spend a couple of nights in the apartment. This item on the contract needs to be adjusted where tenants should be allowed to stay with their friends and relatives within the apartment. In spite of the contract allowing tenants to have guests for a limited time of fourteen consecutive days, the impression created to tenants is that their freedom is restricted. Privacy of tenants is compromised when the agreement restricts the sharing of bedrooms within the apartment. As mentioned earlier,

CONTRACT LAW COURSEWORK Case Study Example | Topics and Well Written Essays - 2000 words

CONTRACT LAW COURSEWORK - Case Study Example In the case in question simple contract applies as there was no formal legal document executed between the two parties; rather, this case belongs to the later, a simple contract as "Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way - in writing, orally or they may be implied from conduct" (Introduction to, n.d., n.p.). Another distinction in this particular case is that it can further be classified as a Unilateral Contract. This is demonstrated through "A's" booking of hotel accommodations from the Scarborough Hotel (Hotel) via there website with the understanding that the two-week stay booked by "A" would be at a price of 200 pounds a night. The first area of contention arises at this point as "A" was unable to complete the transaction online and instead printed a copy of the booking and posted it. This point will be thoroughly discussed in subsequent paragraphs. The first area need to be considered is that of validit y - ensuring all the requisite elements are present to ascertain if, in fact, there was a legally binding contract. The first test of validity lies in determining if there was an offer and acceptance. The first of this two-pronged question is to ascertain if there was an unconditional offer of acceptance. When "A" inquired from the Hotel as to room availability at 300 pounds per night, Hotel responded via e-mail that they would make a room available to "A" during the timeframe request at 200 pounds per night. The question here is an online e-mail, which is a valid form of communication with regard to contractual law. Although there has been no legal ruling as to the validity of email correspondence in contractual law: "In Standard Bank Ltd. v. Bank of Tokyo [1995] 2 Lloyds Rep 169, Waller J. had to consider whether three letters of credit issued by tested telex at the instigation of a fraudster who had somehow got access to the issuing bank's tested telex department, were binding upon the issuer." (Nash, 1998) The finding here was that the use of a telex even though electronic in nature did meet the test of validity for a valid offer. That being said it would stand that the electronic offer made by the Hotel was an unconditional offer. Therefore, the first point was valid an offer had been made. "The general rule under English law is that an offer is not accepted until acceptance is communicated to the offeror." (Baker & McKenzie, n.d., n.p.) However, in this case "A" was unable to unable to send on-line booking form. Instead he filled in all the details, including the 200 pound price per night, printed the document, and posted it. Baker and McKenzie however went to on to state that "The major exception to the above general rule on acceptance concerns acceptance by post. In this case, acceptance takes place when the acceptance is posted and not when it is received by the offeror. The "postal" rule means that, even if a postal acceptance does not reach the offeror, the contract will already have been made and the offeror will be bound to perform its obligations, provided the other party can prove that it posted its letter of acceptance." (n.p., n.d.) Yates v Dalton 1938 ELD 177; (1) Cape Explosive