This principle might apply to this case if the chain

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relies on the promise to their own detriment. This principle might apply to this case if the chain store had been marketing the item, and now has to tell their customers that they won’t have it, which could cause them to lose business. The rights and obligations of both the landlord and the tenant depend upon the terms of their contract. Such a contract may be verbal or in writing under a standard residential lease agreement. The major obligations and rights of a landlord are to allow tenant possession of the premises, protect the tenant’s right to quiet enjoyment, and the right to be reimbursed for tenant waste (intentional or negligent damage; beyond the normal wear and tear of daily living). The tenant’s right and responsibilities are the right to have possession of the premises, the right to quiet enjoyment, and the duty to not commit waste. Some facts that may support Sam is in breach of that contract are that he breached the covenant of quiet enjoyment (Kubasek, 2017). The other tenants complained about the noise, and their landlord does have a legal obligation to make his apartments safe and reasonably quiet. Sam also used the property as more than just a residence, by creating his invention there. This is not an acceptable use of the space in Sam and Quinn’s agreement. Some facts that may support that Sam is not in breach of contract are the fact that Quinn knew Sam was developing a new invention, wished him luck, and did not say anything about Sam breaking his tenant agreement at that time or shortly thereafter. Sam could then reasonably assume this was fine and argue that he and Quinn had a verbal contract that using the apartment for his invention was okay. Also, depending upon the time of day that Sam was making noise and exactly how loud it was, it’s possible that he was not interfering with the other’s tenant’s right to quiet enjoyment to the degree that eviction would be required.
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Final Project 9 Based upon these rights and obligations, Sam’s landlord could have grounds to evict him because he violated the covenant of quiet enjoyment. It is the landlord’s responsibility to ensure the covenant of quiet enjoyment (Kubasek, 2017). If Sam is causing noise that violates this the landlord must quickly fix the problem so the rest of the tenants’ right to a quiet, enjoyable home is not being violated. Some defenses Sam might raise if his landlord tries to evict him is the right to appeal because the landlord never gave Sam the option to fix this problem. The landlord did not follow the proper procedure by first issuing Sam a warning; therefore, he cannot simply kick Sam out. Sam could also argue that he was not actually disrupting other’s quiet enjoyment- for example, if there are many loud children in the apartments, is Sam’s invention really disrupting the peace and quiet of the neighborhood during day hours? Sam could also argue that Quinn, by seeing his invention and not telling him to stop, implied that there was no breach of contract happening.
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  • Spring '17
  • Corporation, Types of business entity

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