Grossmont College Remedy of Residential House Lease Section Discussion Paper

The contracts for both Parts 1 and 2 are in the Contracts Module. Part 1 consists of essays and will be submitted here as one submission. Part 2 is objective style questions and will be submitted, Contract Analysis Part 2.

Please proof read. Please try your best to send the essays to me for review well before you submit This pertains to your Part 1 essays. Part 2 can be completed without reference to Part 1 except as the questions pertain to the same contracts.

See the grading rubric for scoring. Support your answers with law from your text (cases; statutes) and properly cite that law, including the page number. State your legal argument in IRAC format (identify the Issue; then state the applicable Rule(s); Apply the facts to the rule; then state a Conclusion).

Residential House Lease

The following questions are based on the Residential House Lease found in the Contracts Module. Please reference the Lease by clause number as you answer the question

Essays (2-3 complete paragraphs per question with text references to support your answers)

• 1) Maria, the landlord, refuses to fix a small leak in the roof that results in mold forming in the premises. Juan, the tenant, still has significant time remaining on his lease. Juan has notified Maria in writing of the mold and leak issue. What are Juan’s options if Maria declines to do the repairs?
• 2) Shortly after moving in but with significant time remaining on the lease, Bill, the tenant, finds a much better apartment for the same price. Bill notifies Zuzanne, the Landlord, that he is moving out immediately and signs a new lease for the new apartment. What recourse does Zuzanne have against Bill?

UCC Sales Contract

The following questions are based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions.

Essays (2-3 complete paragraphs per essay with text references to support your answers)

• UCC Sales ContractThe 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.You contend that you received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get a particular product. You wanted Razor scooters. That was the original oral communication when you first contacted the selling merchant. You both talked about and agreed on Razor scooters. Thereafter, in phone conversations, you and the seller just used the phrase scooters. The seller prepared a written contract. The contract was signed by both parties. The selling merchant then shipped scooters that are in perfect condition but they are not Razor scooters. The selling merchant believes the goods are conforming.
• 3) Upon immediate receipt and inspection of the goods, what are all your merchant options under the contract and at law?
• 4) Under this scenario, you discover an employee signed for the receipt of the scooters over (90) days ago and they have just been sitting in a warehouse. What are your options now as the Buyer pursuant to the contract?

Rubric

Contract Analysis – Part 1