You will be given 2 contracts with questions to be answered for each contract. I am looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There are correct answers for each question. If a student discusses a different legal theory for answering the questions, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student.
Please remember to reference the applicable parts of the contract that you are using to answer each question.
Each question is worth 14 points. Within each question, a student will be given 2 points for the text reference, 2 points for the contract reference, 4 points for spelling/grammar, with 6 points for the analysis.
The remaining 5 points will be given as an overall score for the entire assignment. Following are the prompts.
Residential House Lease
The following question is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by clause number as you answer the questions.
- Essay (1-2 complete paragraphs with text references to support your answers)
Maria, the landlord, refuses to fix a small leak in the roof that was there prior to the current tenant. Juan, the current tenant, has just discovered the leak after a heavy rain. The consequence is that black mold has been forming in the attic. Juan still has significant time remaining on his lease. Juan has notified Maria in writing of the mold and leak issue. He is concerned about the premises becoming unsafe to live in. It has been 14 days since he emailed her his notification. What are Juan’s options if Maria declines to do the repairs?
UCC Sales Contract
The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC.
- Essay (1-2 complete paragraphs per essay with text references to support your answers)
You received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking it was a particular product. You wanted Razor scooters and that was the original oral communication when the selling merchant was first contacted by you. You both agreed on Razor scooters. Thereafter, in phone conversations, you and the seller just talked about scooters. The seller prepared a written contract. The selling merchant shipped scooters but not Razor scooters. Upon receipt of the goods, what are your merchant options under the contract?
Why are text references important? Contract language does not exist in a vacuum. It is written based on the law. It is critical, therefore, to cite to the text to support your analysis.