BUS 206 Milestone Two Template

To simplify completing this milestone, use this template to help you write your essay. You may use each heading as a starter sentence and then discuss the legal issues presented in the case study using the following guide, if you choose. Be sure to explain and elaborate on how each term applies to the story.  Be sure to incorporate the facts of the case into your explanation and analysis.

Remember that the document you submit should follow the formatting guidelines described in the Milestone Two Guidelines and Rubric document.

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 first element of _____________would be deemed to exist if [describe facts that are or should be present].

• The second element of _____________would be deemed to exist if [describe facts that are or should be present].

• The third element of _____________would be deemed to exist if [describe facts that are or should be present].

• The fourth element of _____________ would be deemed to exist if [describe facts that are or should be present].

• If the elements of a contract did exist between these parties, there could still be some possible reasons why a contract might not be valid based on facts not present in the scenario. For example, if Sam was a minor at the time he made the agreement with the chain store, the contract would not be valid because_____________. List some other reasons and elaborate on why a contract might be invalid.

• Discuss and explain any other information you deem relevant to this answer.

B. Even if there is not a valid legal contract between Sam and the chain store, there may still be a quasi-contract (Chapter 13) or elements of what is called a promissory estoppel.

• A quasi-contract is defined as_____________. In this case, a quasi-contract may exist if the following facts are true:_____________.

• A promissory estoppel is defined as _____________. This principle might apply to this case if_____________.

• Discuss and explain any other information you deem relevant to this answer.

C. The rights and obligations of both the landlord 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 contractare _____________.

• Some facts that may support that Sam isnot in breach of that contract are _____________.

• Discuss and explain any other information you deem relevant to this answer.

D. Based upon those rights and obligations, Sam's landlord has/does not have grounds to evict because _____________.

• Elaborate and explain.

E. Some defenses Sam might raise if his landlord tries to evict him include_____________ because_____________.

• Elaborate and explain for each reason offered. Discuss and explain any other information you deem relevant to this answer.