Question
A guarantee must be in writing to be enforceable. Just signing a contract does not bind you to anything unless you are named in the
A guarantee must be in writing to be enforceable. Just signing a contract does not bind you to anything unless you are named in the contract and agree to do something.
Oak Allen is a college student who wants to rent a house for his junior year. He negotiates with the landlord, Gaby Santos, and they reach an oral agreement whereby Oak will rent the house for one year, starting next month. This is the kind of contract that must be in writing to be enforceable since it cannot be performed within one year. Oak and the landlord sign the contract. Oak is named as the tenant and Gaby is named as the Landlord. The day Oak is to move in, his father, Terry Allen, drops him off with Oak's stuff. The landlord sees Terry and gets him to sign on the last page of the lease. Terry is not named in the lease and doesn't do anything except sign his name on the last page of the lease. During the course of the lease, Oak trashes the place and causes the property to be seized by the police when pot is discovered. The landlord, Gaby, is at her wits end when she discovers, that Oak has no insurance and no money. Gaby, after talking with her attorney, discovers that Gaby can only sue Terry Allen for what he promised to do in the lease. As it turns out, although Terry Allen signed the lease, he is not mentioned in the lease, promised nothing and has broken no promises.
Discuss from both the landlord's view and Terry Allen's view whether it is fair for Terry Allen to avoid liability on this technicality.
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