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a promissory estoppel, three conditions are met; one party makes a promise knowing the other party will rely on it, the other party does rely on the promise, and the only way to avoid injustice
BUS 206 Final Project Case Study Analysis 8is to enforce the promise (2017). Sam made an offer to make 1000 units for the chain store, in turn the store manager relies on Sam for the units that the chain store wants to sell. While this case study does not outline the “injustice” incurred by the plaintiff, it does imply there is the existence of an injustice which could be marketing and/or advertising costs in preparation of selling the promised units. In this case, the exact injustice should be detailed; then, this can makeSam and the chain company’s agreement a promissory estoppel. The rights and obligations of both the landlord and tenant depend upon the terms outlinedin their contract. Such a contract may be verbal or in writing under a standard residential lease agreement. In a tenant’s agreement, rights and duties of the landlord and the tenant are classified under four main areas: possession, use, maintenance, and rent (2017). For this case study purpose, the focus is on the tenant’s “use” of the premises in that within an agreement, a landlordand the tenant agree to limit the uses of the premises and in the presence of such an agreement, the tenant has a duty to abide by that agreement. If there is no agreement that limits the tenant’s use of the property, the tenant may use the premises in any manner; however, the tenant must not use the premises in a way that creates a nuisance for surrounding tenants (2017). Based on the nuisance caused, Sam’s landlord does have grounds to evict Sam. While Sam’s landlord has the right to issue an eviction notice due to the nuisance to othertenants caused by Sam, Sam may still attempt to remedy the eviction and request the eviction notice be a “Cure or Quit” type of eviction. In this type of eviction, it means a condition or specified term in the lease agreement has been violated and a certain period is given to the tenantto correct the violation in order to comply with the terms of the agreement thereby the tenant be allowed to remain as a tenant of the property (2019). Sam can rebut this eviction either in court with a judge or with a legal counsel and the landlord.
BUS 206 Final Project Case Study Analysis 9Case Study ThreeFor case study three, we are to examine a case that involves two lifelong friends, Jeb and Josh that decided to enter into business together, then identify the main types of business entities as well as discuss the advantages and disadvantages of each. I'll start with information from the case study to help correlate pros and cons when comparing to this particular case.