Contract Analysis
Introduction
Contracts generally define mutual relationships between two or more parties, as outlined in their requirements. Residential and UCC contracts are some of the most commonly applied agreements; thus, a discussion below provides an in-depth analysis of the same.
The Residential House Lease
A residential lease agreement per Ginsburg & David (787); is a document in written form that seeks to officially explain a legally connecting relationship between two parties, landlord and tenant, respectively. The landlord will come in terms to lend part or whole property to a tenant. In this case, an agreement gets represented in an elaborate form. Aspects of the deal, therefore, put the respective parties in a mutual understanding that proves the eligibility of tenants and landlords, by which failure by either party might result in further actions by the law, as one of the major requirements.
Maria and Juan are in a residential lease agreement that requires strict adherence to all the set requirements of the contract. The Lewis & Karim (No. 11/675) lease outlines some of the principles of an operating agreement that are of concern in this case of Maria and Juan, the landlord, and the tenant, respectively. In his documentation, he stated that landlords are subject to certain crucial conditions that include maintenance and repair of the premises, providing clean and safe housing during the time of the lease. On the other hand, the tenant should always pay their dues on a timely basis and avoid any illegal activities such as unlawful activities within the same premises.
Among other requirements of the contract, a landlord is required to observe respect for their tenants. The landlord should also inform them of any intentions to repair anywhere on their premises in advance. Similarly, tenants are expected to exercise further their duties of voluntarily paying a fee to the landlords, mainly monthly or as per the private arrangements that could have been made and documented. Other bills such as electricity bills get settled at the expense of tenants, who are also supposed to strictly live on the premises with their families only, inform the owner of plans to keep any animal or pet within their premises. The residential lease agreement is, therefore, an essential item that is recognized by the law. It is used for protecting the rights of both parties together with their property from any mismanagement by anyone. All the conditions are contained in lease agreements, thus strict adherence to the same.
Certain key aspects of the lease agreement need to get verified to facilitate its proper ascertaining. An intensive investigation into the matter is necessary to weigh both parties of the contract and possibly determine any existing loopholes. However, there could still be chances of the tenant having defaulted at some point, thus initiating the ignorant behavior in the landlord, a matter that would call for prosecution of the original complainant. If all the principles were well followed, Maria owes Juan the obligation of immediately repairing the roof since he has been patient enough and always paid his leasing fee consistently. At the end of it all, failure of an agreement between the two parties should lead to immediate termination.
Therefore, refunding the house deposit as well as penalization of the landlord, according to Lewis & Karim (543). The penalty acts as compensation for all the hardships that could have been persevered by the tenant, Juan. Such a situation would mean an exit of the tenant from the leased property to find a suitable alternative setting.
The UCC Sales Contract
The Uniform Commercial Code and Contracts for the sale of goods refer to some laws that that rule commercial dealings and transactions, thus adopting standardized laws across several states (Hart, 1). Based on the agreement, the merchant only described as one who specializes in the sale of a particular commodity or service. For example, the razor scooter business, to a seller who is often aware of terms and conditions of the dealings. Various aspects of the contract that are of our concern, as highlighted by Martin (Law. 72), include article 2, where the agreement that applies to identifiable and movable goods. Section 8, where an unspecified time of payment leads to payment at the place and time when goods are delivered. Article 11, where the buyer has a right to inspect goods to assess their conformity and section 12 that allows a seller to fix a mistake in case a buyer claims non- compliance of the products sold.
Other components of the UCC sales contract include article 6 that allows for the agreement to be complete even in situations where essential aspects of the same are not clearly outlined. Section 10 of the UCC requires that the delivery of goods should get safely done to avoid situations that could lead to a demand for repayment. Article 11 requires that merchant sellers should, however, carry the risk of paying for goods that could have been damaged or even lost before being owned by buyers.
An analysis of the contract and transaction between the two parties reveal a miscommunication hitch that could have been avoided by the proper revelation of the required asset, scooter razor at all points of their communication. However, such situations are human errors that occur, especially between first-time buyers and sellers, thus a need to analyze the history of these two merchants. As a result of buying and sale challenges in the world markets, the UCC contract accommodates changes that can enhance justice to all concerned parties, thus the need to analyze and provide reformed judgments.
In this case, the buying merchant initially requests razor scooters and, later on, mistakenly mentions motorcycles instead of razor scooters. Despite selling merchant’s failure to detect the mismatch in the ordering, the buyer has to conclude payments at the point of delivery, according to article 8. At the same time, an inspection of the final goods is required for conformity purposes, as described by article11. Section 12 gives the seller a chance to fix a mistake made. However, both parties are responsible for the wrong delivery of scooters instead of razor scooters, where the seller can be said to have been negligent and the buyer inconsistent with opportunistic. This incident, therefore, gives room for cancellation of the contract, and the buyer refunding all the accrued expenditures before another similar transaction is made between the two merchants, as claimed by Martin (1061). The UCC contract is, therefore, an essential tool that is recognized by law and used for protecting the rights of buyers and sellers for goods.
Works Cited
Ginsburg, Allan Jay, and David R. Murray. “Computer-implemented method and system for the automated selection, aggregation, capture, analysis, and presentation of residential and commercial real estate information.” U.S. Patent Application No. 12/431,787.
Hart, Danielle Kie. “Contract Law Now-Reality Meets Legal Fictions.” U. Balt. L. Rev. 41 (2011): 1.
Lewis, Darryl, and Karim Khoury. “Alternative method and system for leasing, financing, and purchasing residential real estate.” U.S. Patent Application No. 11/675,543.
Martin, Jennifer S. “Sales.” Bus. LAw. 72, (2016): 1061.