Contracts and Intellectual Property Exercise

Team B

LAW/531

November 2nd, 2015

Andrew Van Ness

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Contracts and Intellectual Property

Contracts, which are legally enforceable promise or set of promises, ensures understanding

between the parties (Mallor, J., Barnes, A., Langvardt, A., Prenkert, J., McCrory, M.). The

purpose of Dispute Resolution Clauses is to provide mediation and arbitration as ways of

resolving any disputes. It also provides certainty by defining the process prior to a dispute, after

which agreement becomes more problematic (2013). In agreement to Landlord and Tenant

dispute resolution, mediation will be conducted as a first source to resolve any disputes.

Dispute Resolution (Clause)

7. DISPUTE RESOLUTION: Except for claims specified under paragraph 2

hereunto, LANDLORD and TENANT agree to submit any and all claims of

controversies and disputes between TENANT and LANDLORD; arising out of or

relating to the Premises, this Lease, or the parties’ performances due hereunder,

to mediation prior to arbitration pursuant NRS 38.250(1)(a) and Nevada Rules of

Civil Procedure.

(a) LANDLORD and TENANT agree to maintain all communications made

at such mediation in the strictest confidence between themselves and their

counsel, unless otherwise required to disclose same pursuant to applicable

law. The mediator for any such mediation shall be a Nevada certified circuit-

civil mediator and also Board Certified by The Nevada Bar in Business

Litigation or Real Estate Law.

(b) Mediation shall be conducted within thirty (30) days from the date any

such claim, controversy, or dispute is declared in writing to exist by any party

to the opposing party.

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7.1 WAIVER OF JURY TRIAL: TO MINIMIZE LEGAL EXPENSES AND, TO

THE EXTENT ALLOWED BY LAW, YOU AND WE AGREE THAT A

TRIAL OF ANY LAWSUIT BASED ON STATUTE, COMMON LAW,

AND/OR RELATED TO THIS LEASE CONTRACT SHALL BE TO A

JUDGE AND NOT A JURY.

Legal Issues Regarding Clause

There is a term known as landlord-tenant law. This governs the relationship between

landlord and tenant for the purpose of residential rental of property. A certain number of states

have a statutory law or called the Uniformed Residential Landlord and Tenant Act or the Model

Residential Landlord Tenant Code. On the federal side, the government may step in during

national or regional emergency situations to prevent discrimination.

The ground for this relationship is based on contracts and property laws. In a renter’s case,

they have property interest during their time of stay. The length of the stay can be month to

month or annual and can be terminated at any time by either party. If residing for a year or more,

tenants have the right to restrict others from entering. There are also many housing codes

landlords have to abide by. According to “Landlord-Tenant Law” (N.D.), “The landlord-tenant

agreement is normally embodied in a lease. The lease, though not historically or strictly a

contract, may be subject to concepts embodied in contract law.”

Here are a few examples of legal situations that may come about. Landlords using old lease

forms that are outdated. Old forms may have laws that are not applicable anymore.

Unenforceable clauses may be included that violate certain renters rights. Landlord rights and

obligations may also not apply to current standards. Failure to return security deposits. Some

states have deadlines for landlords to return deposit to renters. If the deposit is not returned,

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leases may find out how small claims court looks like paying three times the original amount.

Asking improper questions to tenants during the background screening process may get you in

legal trouble. Certain questions (i.e. like are you an alcoholic?) may bring a discriminatory case

against you. Making broken promises is another scheme. According to Mukherji (2013),” In

some cases, if you don't keep your promises, your tenant can legally break the lease and sue you

for the difference in value between what was promised and what was delivered.” Marketing a

parking space or anytime use of a pool to make your property more attractive can get you in a

legal battle if that is what is written in a contract. Some property owners make promises they

can’t keep. Setting more than necessary late fees is something courts are cracking down on. If

the late fees are inappropriate for actual damages caused, you may be sued in court. The best

approach is to give a pay or quit notice for late payers. The issues mentioned are issues that can

be prevented with the right guidance.

Conclusion

Many business contracts suggests mediation and arbitration as a way to resolving

disputes. As drafted in the contract as a dispute resolution clause, all parties are in agreement to

maintain all communications made at such mediation in the strictest confidence between

themselves and their counsel. Mediation shall be conducted within thirty (30) days from the date

any such claim, controversy, or dispute is declared in writing to exist by any party to the

opposing party.

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References

Mukherji, A. (2013, April). 5 Legal Issues for LandLords. Law & Daily Life.

Landlord-Tenant Law. (N.D.). WEX, . Retrieved from https://www.law.cornell.edu/wex/landlord-tenant_law

Business Law. The Ethical, Global, and E-Commerce Environment. (Mallor, J., Barnes, A., Langvardt, A., Prenkert, J., McCrory, M.). Sixteenth Edition.

Drafting Dispute Resolution Clauses. (2013). Retrieved at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_002540

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