Management and Organizational Studies 2276A/B Chapter Notes - Chapter 1: Liquidated Damages, Arbitration Clause, Objective Test

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Frederick King

Document Summary

Lease renewal increase rent and increase the term. Client makes changes (hand written) and send it back to the landlord without any letter or discussion. Landlord signed it without seeing the changes/knowing about them. Legal test for consensus is offer and acceptance. Landlord didn"t know of changes made: but a reasonable person should have known, and a reasonable person would conclude that a the there was a meeting of minds between the landlord and the tenant. Objective test : mlozdzinska v malicki. Trial court acting at an appelet capacity (an appeal at a trial court) Because it"s a motion (a request for some kind of procedural remedy) Lawyer motions that the case be dismissed because they agree to settle, judge hears their arguments then decides. Appeal of order happens in the same level of court. Recess during court, one party stays in the court room the other goes to a break room.