Pat Macguire would need to prove that there was a valid contract between both the parties, to be eligible to sue Brad Newman for damages, loss of income.
While Bradley Newman AC must prove there was not a valid contract to escape being sued for damages.
Was there a Valid Contract?
Issue:
It must be established that the key elements and characteristics that are required of a contract so that the courts can assist in enforcing it. The essential characteristics that are required of any contract are;
I. Offer
II. Acceptance
III. Intention to be bound
IV. Consideration
V. Mutuality
VI. Capacity
VII. Legality
The elements in dispute are:
I. Offer
¬ Was there an offer?
♣ An offer is a clear statement of terms upon which the offeror is prepared
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Capacity
¬ Did Pat have the legal Capacity?
♣ A minor in Australia is anyone under the age of 18 years.
♣ Pat Newman is a Minor, as stated in the article, he is 17 years of age.
♣ Therefore, the contract is invalid and he is not eligible to sue Brad Newman QC for damages (loss of wages)
♣ Common law/Statute (Minors Property and Contracts) Act 1970 (NSW)- States that in Australia anyone who is under the age of 18years is a minor.
♣ Brad Newman QC will argue that Pat is ineligible to sue for damages (loss of income) for discharging the contract early because the contract is not enforceable as he is a minor according to the ‘Common law/Statute (Minors Property and Contracts) Act 1970 (NSW)’
♣ Pat can argue that is was a beneficial employment contract which is binding even on minors if proved that the contract as a whole is for the benefit of the minor.
♣ Roberts v Grey shows a minor will be bound by a contract of service or employment if this contract is beneficial to them
♣ The contract was for the benefit of Pat because it provided him with money, education and training into the field as stated by Brad Newman ‘stay with me I will make sure that you learn all about this business and it’ll set you up for the future’, even if some clauses in the contract are at a disadvantage, the contract as a whole was beneficial to
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