Contract Formation

Contract Formation (details for this part can be retraced in the items from 1-9.)

1. Who are the parties to the contract?

There are two sides of the party to the contract. One side is the tenant, the other party is the landlords. In this house lease contract, the apartment for lease is rented by a number of landlord rather than a single one.

1. Can you identify which party made the offer and which party accepted it?

Yes. In this contract, the offer is made by the landlord-the offeror, and the tenant-the offeree is the party accepting the offer.

1. How was the offer made and how was it accepted? When was the contract formed?

The offer is made after the enquiry from the offeree- the tenant to the lease offeror- the landlord upon a number of times telephone communication and finally made the acceptance at a distance. The offeror factually never had a chance to meet the offeree in person.

      4.   Where was the contract formed?

The contract is an e-copy sent by the offeror to the offeree.  It is evident to see that the offeror has the copy of the contract before as the contract has been pursued by previous tenants. So the in my point of view the contract has been refined and scrupulous examined before released to the tenant.

      5. What consideration is given by each of the parties? What is the “bargain” between them?

The consideration given from the tenant is that the tenant making a monthly payment in order to use the facility in the apartment rented and follow the rules by the consent of the both parties. The landlord is responsible to supply and maintain the appliance in the apartment in a good state of repair and fit for habituation and comply with municipal health, safety, and maintenance standards. The “bargain” lies in the additional cost for the overuse of the house utility, which is based on the previous year’s utility costs.

     6. Were any pre-contractual representations made to induce the formation of the contract?

         There was a pre-contractual representation made to induce the formation of the contract. In fact, before the contract was signed, the landlord has told the tenant that there were a number of people interested in the apartment, and who signed the contract in the first place may have bigger chance to win the lease. In general, the landlord remark towards the apartment somehow sped up the completion of the contract, which is supposed to say, hard to be testified.

Damages

23. What types of remedies could the parties seek and a court likely award in the event of a breach? (item12,16)

The remedies shown in the contract include remedies through specific performance and the remedy via damages. The damages covered the misuse and the abuse of the facility without the consent of the landlord, who are also eligible for applying the compensation for any change, use and occupation after termination.

The remedy by specific performance allows the tenants to write message to the landlord in case of complaint that are the responsibility of the landlord. To recap, it helps to give clear instructions when the improvement and the charges needs to be undertaken.