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Contracts and Intellectual Property Exercise

Team B
LAW/531
November 2nd, 2015
Andrew Van Ness

Contracts and Intellectual Property

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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.
7.1 WAIVER OF JURY TRIAL: TO MINIMIZE LEGAL EXPENSES AND, TO
THE EXTENT ALLOWED BY LAW, YOU AND WE AGREE THAT A TRIAL

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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 renters 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, 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

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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 cant 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.

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

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