A contract such as a tenancy contract entails a legally binding agreement between two or more parties. Most contracts such as that tenancy involve written and signed document. Contracts of lawfully binding agreements come with specific terms and conditions whereby the parties promise to keep and maintain their part of the deal. All parts of a contract remain important as per the agreement outlined. The principal or essential aspects of a contract entail the offer, acceptance, mutual understanding, and consideration. In all situations that involve a deal, the four elements define and outline the terms of the contract. The paper looks at a case study involving Fox as the "landlord" and Williams and Gibson as "tenants." The paper analyses the legal issues raised in their contract, the disagreement, and the resolution of the agreement.
Although all parts of a contract remain critical, the termination section often remains the most vital part. Law experts argue that contracts resemble insurance policies in which one only takes the documentation when a disagreement occurs, or something goes wrong. In the case study, Williams and Gibson face a possible eviction after the landlord, Fox, locks them out of their lodging house. Fox argues that William and Gibson have defaulted on their rent payment, thus negated on their contract agreement. One of the most critical aspects of a contract entails remaining aware of the repercussions of not fulfilling one's part of the contract. Three key issues emerge in terminating a contract. They include triggers of the deal, obligations after the termination, and ongoing obligations later on after the eventual completion.
Before locking out William and Gibson from their rented lodging house, Fox obtained a writ to force the two from his premises. After a mutual agreement, the parties made a new agreement that rendered the first contract null and void. The development brought in a new tenancy agreement, and the parties set on an original path of legal obligation. The latest development changed the course and phase of the party's engagement, bringing forth new tenancy terms. Although the case study does not provide the new terms, contracts remain critical aspects of commitment between two individuals. Each of the parties must abide by the terms and conditions of the contract obligation. Acting out of the contract agreement may result in harm or damages on the part of the second party.
Fox acted out of the agreement by padlocking the door without any prior notice. In the event, some of the tenant's possessions remained in the room that put Gibson's health at significant risk. From the arising case scenario, Fox acted out of the contract agreement and thus took full responsibility for any effect of his actions on Williams and Gibson. Firstly, padlocking the room without notice entails acting in bad faith. Second, remaining inconsiderate to Gibson's health complications implies a lack of empathy and an inhuman act. Padlocking the tenants without notice also exposes them to emotional distress. Thus, the two have the right to press for damages. On the other hand, although he acted in bad faith, Fox needs his unpaid back rent. Both parties, the tenant and landlord, feel aggrieved, and only a conflict resolution mechanism or third party assistance, can resolve the dispute.
Williams and Gibson have the option to seek a court-sponsored mediation or a private mediation process. In this scenario, the two will opt for a mini-trial, court-sponsored arbitration, private mediation, or ombuds. Whichever option the two decide, will aim at resolving their difference with the landlord. In court-sponsored intervention, William and Gibson will have to file a complaint with the court. The parties will have their attorneys undertake their case and deliberate over it with the judge.On the other hand, third-party adjudication entails a third party who will have the responsibility for decision making. Unless they hire attorneys, the parties will consult and actively participate in resolving the dispute. In third party adjudication, the parties will have no power to accept or discard the resulting outcome.
The tenant may also seek the interpretation and assistance of the court to resolve the conflict. In such a situation, the court takes the responsibility of arbitrating the dispute. The parties may have their attorneys represent them, or they may take an active role in the entire court process. Consultation forms an essential aspect of third-party adjudication. The judge listens to the two sides of the complaints and decides on how best to resolve the conflict. Mediation-arbitration dispute resolution entails an essential aspect of dispute resolution. Although the mediation-arbitration process involves a lengthy conflict resolution, the process offers a favorable and neutral platform for the patties to defend and argue out their case. However, all these depend on the decision of the parties involved. In the presented case scenario, the parties or one party may decide to use the litigation process since a court had already issued an injunction on the landlord to apply a new contract. This directly altered the whole contract arrangement, further complicating the dispute.
Besides the legal route of conflict resolution, there exist various strategies Fox, Gibson, and William can apply to find an amicable resolution to their disagreement. Both parties hold the key to the best and recommended approach to the decision. Some practical ways of resolving the dispute can also entail unilateral action, inaction, self-help, and acquiescence. Self-help involves an active approach to solving a conflict in which the parties will assert their rights. Under this approach, for example, in this case, Fox may pursue relief and not engage in a court action. Often, the self-help approach remains a strategic alternative in the case in which one party has breached the contract. For example, Fox violated the agreement by padlocking the door without giving notice to the tenants. The action led to further inconvenience to the tenants that put Gibson's life at risk. Fox, in one way, triggered the dispute and should have taken a positive approach to urge the tenants to pay.
On the other hand, William and Gibson should have understood Fox's predicament, initiated a resolution upon realizing that they failed to honor their payment. In Mathew 18:15-17, the Bible urges Christians to resolve conflicts privately without escalating the issue and engaging many people. Through this, the private resolution strategy keeps the wrongdoer from embarrassment or shame. The offender will also have time to reflect and deal with the issue in line with the right ethical and Biblical teachings. There exist multiple approaches to conflict resolution. The most critical aspect entails understanding the terms and conditions of the contract and understanding how to terminate the contract at the end.
Contracts remain a critical aspect of engagement, especially in business transactions. Contract components play an essential role in binding the parties together and in ensuring that they all undertake their obligations. However, the termination of a contract often raises thorny issues that involve disputes and misunderstanding. When one party fails to honor their part of the bargain, the second party may complain about the line with the established terms and conditions of the contract. Some of the strategies and methods of conflict resolution include inaction, the third party adjudication, third party assistance, and non-judicial resolution approaches. Whichever approach parties take, the essential thing entails finding a common and acceptable solution to the impasse. In the case scenario, Fox, the tenant, and William and Gibson must find a solution to their dispute that may involve judicial or non-judicial resolution approach. All the parties feel aggrieved and must find a process of resolving their difference whichever way they use.
Bixler, D., Corby-Lee, G., Proescholdbell, S., Ramirez, T., Kilkenny, M. E., LaRocco, M., & Asher, A. (2018). Access to syringe services programs-Kentucky, North Carolina, and West Virginia, 2013-2017. Morbidity and Mortality Weekly Report, 67(18), 529. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5944974/.
Epic Systems Corp. v. Lewis, 138 S. Ct. 1612, 584 U.S., 200 L. Ed. 2d 889 (2018).
Mohamed v. Uber Technologies, Inc., 848 F.3d 1201 (9th Cir. 2016).
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Essay Example on Tenancy Contracts: Legally Binding Agreements & Essential Aspects. (2023, May 09). Retrieved from https://proessays.net/essays/tenancy-contracts-legally-binding-agreements-essential-aspects
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