Introduction to Legal Studies, Coursework Example

Introduction

Many properties are leased or people are granted the permission to use. People have many properties and the must have legal ownership of the property. With the current population in the United Kingdom, some people have lacked property i.e. land that they can call their own and do not have the money to purchase. People who do not have the required amount to purchase property have the option to lease it. Due to the high prices for properties, people have been given the option of acquiring goods through hire purchase.

Property law refers to the rights that a person is granted on ownership of land. It defines a range of functions that a person may use in any given situation at a given period. Land includes water and everything that grows on it, physical strata, buildings, and any other things that are annexed permanently on the land. Common law land conception means that land encompasses many things and not just soil. Land includes all permanent fixtures (Mitchell & McKim 2001).

Lease

Lease refers to a contractual arrangement that calls for the user to pay the owner for using an asset. The transaction creates the connection of the tenant and the property owner between the grantee and grantor. Leasehold on the other hand refers to the rights that are granted to the leasee by the lessor.

Characteristics of leases

Lease has a fixed tenancy that is created for a fixed duration. Specification of its termination and commencements must be made. Fixed tenancy leases determines the period when the lease expires. Fixed lease is a lease that continues for an indefinite period, for instance, one year. This means that such a lease can either be expressed or implied. The duration that the lease takes is not precise and can arise if the tenant continues to possess it and goes on with his payment for rent. (Alces & See, 2002 Lease at will is when the tenant occupies a premise on condition that any party can establish the relationship at any given period. Lease at sufferance arises whenever a fixed tenancy period remains or holds over an occupation without the knowledge of the tenant. This lease is created by the operation of law. If the property owner accepts the rent, then it becomes a periodic lease. The tenant may however be evicted at any given time even without giving him or her notice. Service lease on the other hand was formed to allow the tenant to perform a given service (Darby, 2006).

The lessor is expected to do the things that are consistent with the lease. This is to ensure that the premises are fit for the purpose for which they were rented. The property owner should ensure that he does not interfere with the benefits that the tenant gets from the premises rented. This should be applicable to his agents and servants. The property owner should also ensure that the premises are used for the purpose for which they were intended. The lessee should ensure that he pays rent as agreed. He should pay taxes charged except where the property owner guarantees the payment (Nixon, 2004).

Termination of a lease

A lease can be terminated by notice and this is applicable where the lease is for a fixed period or when one of the parties wishes to end the lease before the given duration expires. Lease can also be terminated when the given duration for the lease expires. The tenant may also disclaim the lease if authorized by the statute and this will terminate the lease.

License

License refers to the permission granted to someone to use a given property. It may be given by one party to the other (licensor to the licensee) as a sign of agreement between the parties. Generally, licenses are issued by authorities in order to allow an activity that would otherwise not be allowed. One may be required to pay a fee in order to get a license. A license may be needed by authorities to ensure that t these authorities are aware of the type of activities carried out and to set limitations and conditions in the market and the country at large. A license that is under intellectual property normally has many components that are beyond the grand. These components include renewal provisions, territory, term, and other disadvantages that are deemed important to the licensor. Most of the licenses issued are only valid up to a given point in time. The advantage of this is that it protects the licensor in case the worth of the license rise or the conditions of the market changes. It also ensures that the term of the agreement of the license is not extended (Darby, 2006).

A license is meant for one person or a group of people undertaking an activity. This means that it cannot be transferred from one person to the other. A person may be interested to acquire property. He/she cannot transfer his interest to another person because interests vary among people. A license can be cancelled and make it to be invalid.

Aim of the Landlord and Tenant Act 1988

It was unacceptable for a property owner to neglect the steps of the Landlord and Tenant Act 1988 for him to accomplish the rental for full market for its assets. There was a right to look for ideal damages against the property owner for violating its statutory responsibility under the Act. Such costs were repaid to the tenant where the property owner, through its agents, failed to give an answer to the application made by the tenant concerning his consent to allocate its profitable lease within a realistic time as a result of its strategy to aggravate the expectation of the tenant’s legitimacy to assign the lease (Merrills & Fisher, 2013).

Contract

A contract refers to an agreement that is made between parties and is recognized by the law as valid and enforceable. Many contracts are known to be simple contracts because they can be made in writing or orally. Oral contract may be difficult to prove as the court may be undecided on whom to believe, but such an agreement may not affect the contract’s validity. However, some of the contracts need to be in writing such as contracts made on the sale of good, contracts for the sale of land, contracts to transfer shares of a company, and bill of exchange among others. For a contract to be binding, it has to meet certain requirements. These requirements are offer and acceptance, there has to be an intention to create legal relations, consideration where the contract is simple, the parties have to meet the capacity of the contract, the aim for which the contract is has to be legal. If any of the above requirements is lacking in the contract, the contract is void, voidable, or unenforceable.

Offer and acceptance

It is important that parties reach an agreement to ensure that the contract is valid. The offerer must make an offer and that offer has to be accepted by the other party (offeree). There are rules for this offer that are followed in a contract. An offer may be orally made, or in writing, or by conduct. It is recommended that a person accepts an offer that he knows exists. The offerer cannot involve the other party in the contract without his knowledge.an offer should be in a position to differentiate itself from an invitation to treat in order to avoid confusion. An offer can be terminated if the parties do not accept the rules of the offer or if one of the members in the party dies. It also can be terminated when the offeree makes a counter offer.

Carbolic Smoke Ball Co. (D) engaged in the manufacturing and selling of Carbolic Smoke Ball. The company advertised in the newspaper that it rewards 100 pounds to any individual who will use the smoke ball three times in a day as instructed and infected with either influenza, colds, or any other disease. After seeing the advert, Carlill (P) bought a ball and used it as instructed. Carlill was infected by influenza and went ahead to claim for the payment. Carbolic Smoke Ball declined to pay and Carlill sued the Company for harm that came about from the breach of contract. Carlill and the company were to be judged for the 100 pounds.

The court held that any person making an offer may refuse to get a notice of accepting the offer if he wishes. The advert could either be “puffing” or a promise.

If both parties agree upon the terms of an offer, then the offer is accepted. Acceptance must be unconditional and unqualified. The law will not implement a simple contract unless it has a valuable consideration that maybe defined by use of phrases like interest, some right, profit, and detriment among others (Blum, 2007). One party may invite the other party to bargain or make an offer. This is called an invitation to treat. If another party responds positively to an invitation then this is an offer. People may be invited to treat though various ways, for instance sale of goods through advertisement by public auction. The buyer bid the auction and the auctioneer has the choice to reject or accept the offer. Invitation to treat may also arise when goods are displayed with their price tags. The potential buyer offers to buy goods at the specified price or any other price that the owner may accept or reject. At common law, a self-service law is an invitation to treat. Potential buyers give their offers by conduct. They pick goods from the shelves and they can accept or reject the offer when they reach the cashier’s desk. The offerer is in a position to cancel his offer to purchase the items at any time before he reaches the desk of the cashier.

There are different types of offers and they include cross offers, counter offers, and standing offers. Cross-offers is where one party posts an offer to another who has sent the same offer and the two offers cross each other in the process of communication. There will be no agreement that will arise from such offers due to lack of agreement between them. Counter offer on the other hand refers to the modification made by the offeree to the offer. Agreement arises between the parties if the offer has been accepted.

An example of a contract is an employee contract signed by both the employee and the employer. It contains the expected place of work whereby the employee is asked his willingness to relocate from where he lives to other places within the country and outside the country. The contract also contains the job title, the job description and the duties to be conducted. The employee looks at what the job entails and has the right to take or leave the job. If the employee is satisfied with the conditions of the job, they enter into a contract with the employee and sign a document that serves as evidence in case of any doubts in the future.

Conclusion

It is important that individuals engage in contracts whenever they want to acquire property or when being employed. This is because the other party may change the terms of the contract without the knowledge of the other. A contract therefore, will act as evidence in the court as a defense. Leasing property has enabled people to acquire property that they cannot afford to purchase. Licensing on the other hand has enabled people to undertake certain businesses in the country and other parts of the world. Law is important as it has enabled people to have rights to acquire and retain property.

References

Alces, P. A., & See, H. (2002). The commercial law of intellectual property. Austin [Texas: Wolters Kluwer Law & Business.

Blum, B. A. (2007). Contracts: Examples & explanations. Austin: Wolters Kluwer Law & Business.

Merrills, J., & Fisher, J. (2013). Pharmacy Law and Practice: Fourth Edition. Burlington: Elsevier Science

Mitchell, R., & McKim, J. (2001). Design by contract by example. Harlow: Addison-Wesley.

Nixon, D. W. (2004). Marine and coastal law: Cases and materials. Westport, Conn. [u.a.: Praeger. Darby, J. B. (2006). Practical guide to mergers, acquisitions and business sales. Chicago, IL: CCH.