Business law

A paper on contract
I signed an apartment contract lease. First, it was a bilateral contract and then I brought a cosigner and I had to do insurance on the house, which is third party to a contract. Just in case of Death or Disability, bankruptcy or worse still ganging up with the offeror to double-cross me-the consignee- as we hadn’t signed on any papers yet, I pushed the parties so that we could make the lease to a formal contract; another reason being my discovery that even though the two other parties, were related and so there wasn’t any room to put anything to chance.
The premonition that I had of them double-crossing me had a stamp of approval when my proposal that we formalize the contract was vehemently opposed by both of them. I reflected on my hard-earned cash that had taken me close to half of my life saving so that when I retired as a court clerk could rent a beach apartment where I could meditate and ponder about the rest of my life. Moreover, I could spare a considerable amount of my money as I had been assured of an option contract; there was an adjacent room with a separate door and I could rent it to someone else.
Before I retired as a court clerk in the same court that I had served for the whole of my career which was a District Court, I had first worked in it as a cleaner. Many years have elapsed but the memory is deeply etched in my mind. By then, the cleaners in court did it manually, using rags and not like nowadays when it’s done using vacuum cleaners. It happened that one day as I was washing, a lawyer representing a client whom I later came to learn that he had been sued for supposedly leasing a single plot to two parties, intentionally stepped on my fingers. Even though I was doing the right thing in the wrong time, it gave me morale and I saved whatever I could and enrolled into a law school and later managed to get a scholarship to a reputed law college.
The defendant had been caught trying to flee the country for allegedly plotting to kill the two offerees whom had discovered that they had been tricked into a contract lease for the plot and being convinced that since the defendant didn’t have a known criminal record, there wasn’t any use of wasting time of any legal cases for the leasing, rather, they settle down for informal contracts which in the explicit words, could be termed as oral contracts. Since in the case there wasn’t any evidence of the two ever making a contract, the court ruled the case as a voidable contract; the man who had committed a fraud, walked out of the court room his head held high.
Fast forward after retiring as a court clerk. Since it was on a weekend when the owner of the apartment approached me on the very day he saw the advertisement for a beach apartment to lease that I had posted on a local newspaper and took me to see it, we were forced to wait till on Monday, a weekday, to work on the consideration which was in form of money. When he asked me why I couldn’t make the payment on that weekend afternoon, it struck me strange that he couldn’t know that it was on a weekend and that banks are closed for the weekend and I didn’t have a check book. I had been given a car as gift and I couldn’t offer it as a down payment.
However, when he told me that there were other potential leasers and that I may miss it, I decided to give him some down payment in form of cash money that I withdrew using my ATM cards from two banks accounts, thus he became the oblige and me the obligor . Since he wanted the payment transferred into his account, we went to the bank on the Monday of the following week. However, when I told him that I would make the payment and subtract the down payment, he told me that since the down payment was done out of the bank, I should take the idea out of the context. Fearing causing an agreement in the bank where I’m regarded with a high reputation, I asked him we step out of the bank first and solve the matter first. Unfortunately, when we stepped out of the bank and demanded revocation of the down payment, he vehemently denied that I had ever given him any money. When he requested to see the receipt, I knew it was a case that I would never win. My money went down the drain. What if I was the unethical one and took advantage of my position in an undue influence? When I investigated about the apartment it was owned by someone else so, this conman didn’t have a bailee lien.
Despite being a court clerk with a high reputation, I can’t really recall my consciousness when I him the down payment. After I withdrew the money from the ATM, I called him and we agreed that we make the transaction at a local restaurant. However, when he offered to buy a beer, it was my Achilles’ heel as I had spent a considerable time in a rehabilitation centre to kick out my addiction with little success. One beer gave way to another and when I gave out the money is a mystery yet to be solved. When he had accepted that I had offered him the money, even though I could have disclaimed, I at once knew I must have done it under the haze of unconsciousness. There was no Time of Performance that I could remember of. So it had to be an unconscionable clause. It also struck me that there wasn’t a Condition Precedent from him and I questioned my efficacy in law. Did he slip some drug into my beer without my knowledge or was it some kind of black magic? Since I’m not a believer of black magic, I settled for the former; I had been drugged. I visited our family doctor and when he inspected me and took a sample of my blood, I wasn’t surprised when he told me that in the recent past, I had consumed a liquid mixed with a type of drug that was benzodiazepines which is known for causing drowsiness and loss of memory. I threatened to sue him for Compensatory Damages but because I didn’t any evidence against, I forgot about suing him as he didn’t anyone to act as bailee.
To avoid destroying our dignity, I encouraged him we make an online application of Anticipatory Breach to be advised far from the media where the online legal firm assured us that it was a non-disclosure agreement (Arnold & William, 2010). To preserve our reputation, we I decided to discharge by agreement. There wasn’t any use for a mailbox rule as our aim was settle it as soon as possible, thus it was a mutual conversation. He was a conman and his silence as acceptance surprised me. I remembered what the man had offered me was a right of first refusal contract. Thus, I was left wondering, were other people aware of this cartel? I learned a bitter lesson. Since I still need an apartment, I won’t accept a firm offer contract. More importantly, I will be glad if I get an express contract.

References
Arnold J. G. & William D.S. (2010). Business Law: Principles and Practices. Ohio: Cengage Learning.


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