Critical Analysis Paper: Enforceable Contract Essential Elements
Critical Analysis Paper
Describe an example of a contract that you or someone you know entered into (e.g., rental agreement, cell phone agreement, property purchase or lease [e.g., car, home, furniture, etc.], home or car repair, or student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following:
• Define the five essential elements of an enforceable contract, and demonstrate how each element relates to your example.
• Explain the circumstances of a breach of contract in your example, and discuss possible remedies.
The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least two scholarly sources other than the textbook to support your claims. Cite your sources in-text and on the reference page.
Contracts
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In a recent rental agreement, there are quite a number of elements that come out relative to contractual agreements. The parties in the agreement mentioned were the landlord and the tenant all of whom had duties and responsibilities detailed in the contract. One the main implied covenants relative to the landlord include the condition that the tenant should always be protected from eviction or any form of dispossession from the said property (Eaa.org.hk, 2016). It is also important for the landlord to make sure that the tenant is protected from disruption from the normal enjoyment of the property in question, from the landlord, servants or the agents. At the beginning of the tenancy, the landlord is obligated with the responsibility of making sure that the premises are safe for inhabitation by the tenant. It is also the responsibility of the landlord to make sure that they do not change the purpose for which the contract states, which in this case is rental residential. This would further bring about violation of the right to the tenant to enjoy the property (Eaa.org.hk, 2016). It is also stated in the contract that the repairs of the premises are under the duties of the landlord.The contract further stated that the deposit to the premises should be returned at the end of tenancy. According to the contract, some of the main duties of the tenant included the conditions that they should pay rent on time, take care of the premises from any form of destruction or defacing the property (Eaa.org.hk, 2016). This further stated that the tenant shall not commit waste of the premises or convert the premises from a residential to commercial. The tenant is also supposed to pay for the water waste and electricity bills. The tenant should not at any time use the premises for illegal purposes.It is also the duty of the tenant to inform the landlord of the termination of their tenancy three months before their departure.
For a contract to be enforceable, there are some very crucial provisions that have to be established. There are five provisions that make a contract enforceable. One of the main provisions is referred to as the offer. This is an expression of willingness from one of the parties to contract on certain established conditions and terms with another party with the basic understanding that the contract becomes binding when the person to whom the offer is presented accepts the conditions. There are quite a number of ways that the offer can be presented, including a letter or an email, however, the main element is that it is supposed to convey what the offering party is willing to contract on ("The Nuts and Bolts of an Enforceable Contract | I Love Libraries", 2016). In the case of the rental agreement...