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Recommended: Contract law
Introduction
I have been asked to advise Craig, a 17-year-old minor in relation to his contractual dispute with Peter. Peter advertised his restaurant ‘The feed bag’ in Dickson for $100,000 however represented his business as a more successful ‘The feed bag’ restaurant which was located in Civic. Despite having agreed to the deal Craig is yet to pay the monies and yet to take full possession and control of the business. Craig has requested my legal advice as to whether he has to proceed with the contract (that is, buy the restaurant) in these circumstances.
Key legal issues or questions
The key legal issues in Craig’s case appear to be:
(A) Does Craig and Peter have an enforceable contract? Was there an offer, acceptance, agreement, intention,
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The inducement was actual, but didn’t need to be the only inducement to enter.
E. Remedies
a. Rescission- If a party ends a contract due to false representation the reccsiion applies from the time the contract was formed (ab initio), this means that the contract was never recognised by the law. If restitution isn’t available the innocent party will be bound to the contract. “If any of the following have occurred, the recision will not be possible:
1. The innocent party, after learning the falsity of the representation affirms the contract.
2. There has been undue delay between learning of the falsity of the representation and recision.
3. A third party has acquired the rights under the contract, and recession would prejudice those rights
4. Property has been transferred in the execution of the contract and recision would prejudice those rights.
b. Damages- Can be sought only if there is a breach in contract, according to common law. Under a commercial natured contract, if a breach of contract occurs, damages cannot be sought, with some exceptions. As seen in Dillon v Baltic Shipping Co (The Mikhail Lermontov) (1991) 22 NSWLR 1 if a persons enjoyment, relaxation or peace of mind are affected by distress they can seek
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There is an agreement between the two parties and considering the parties have a commercial relationship the agreement can be said to have the intention to be binding in law. Although there was all of the above it is difficult to say there was in fact any consideration. Craig does accept the offer and agrees to the deal however it does not appear to be promisory in nature. Craig and Peter are not of the same capacity, Craig being a minor, which the common law states a minor may enter into two types of contracts: a contract for necessities and for the provision of beneficial sources. Either of these criteria appear to represent the purchase of a restaurant. Additionally, a solicitor may appoint a ‘minor certificate’ to allow a minor to enter into a contract such as a business, however, given the facts of the case we cannot ascertain whether it has been given and thus assume Craig was not granted the certificate. I would now advise my client that due to a lack of consideration between the parties, and the fact he lacked capacity there was never a contract to start with, however I would advise him that we must not be caught out in the dispute if the court rules there was a contract thus we must explore other areas to get him out of the
According to the Minnesota Court of Appeals (2005) the written offer is not evidence of a completed contract and therefore no contract existed.
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
“Even in the modern day world, women struggle against discriminatory stigmas based on their sex. However, the beginnings of the feminist movement in the early 20th century set in motion the lasting and continuing expansion of women's rights” (Open Websites). One such organization that pushed for women’s rights was the National American Women Suffrage Association (NAWSA) established in 1890. The NAWSA was the largest suffrage organization and worked toward securing the right to vote. The NAWSA however was split into two, the NAWSA and the National Women’s Party (NWP), when suffragists were disagreeing on how to achieve their goal.
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
The Craig and Bentley Case Your honour, members of the jury, my learned friends. A vulnerable and mentally disabled boy, with no gun, and under the strict watch of P.C. Fairfax - accused of the murder of Police. Constable Sidney Miles - "The 'St It is just inexplicable! Whatever happened scientific evidence to the extent of this? It is obvious that Christopher Craig, a gun collecting lunatic, is the one.
A contract was also formed between both parties when Margaret accepted the offer. In order for a contract to be enforceable, both participants need to have the capacity to enter into a contract. The parties must not be minors, mentally incapable individuals and intoxicated at the time of forming the contract. Margaret and Frank were presumably mentally competent adults,
The scenario I have been given highlights the main complexity of contract law. It touches on issues such as unilateral contracts, revocation as well as advertisement. I will be advising Mick (claimant) answering: Whether Yummy chocolate is liable to give a year supply of chocolate as advertised?
In this dilemma, I must decide whether to honor the requirements contract with Marshall Peterson, a mutual friend and a business partner or sign an output contract with a Texas company and potentially double my business profits. Until now, Marshall and I have seemingly enjoyed a profitable business relationship that has always been based on mutual benefit and trust. Although, Marshall often tests the trust in our business relationship by not honoring the terms of the invoices. Marshall and I had an implied contract until he convinced my minor son, at the time, to sign a requirements contract. An implied contract is a contract that arises not from the words of an agreement, but from the conduct of the parties (Kubasek et al., 2016). Prior to
If the elements of a contract did exist between these parties, there could still be some possible reasons why a contract might not be valid based on facts not present in the scenario. For example, if Sam was a minor at the time he made the agreement with the chain store, the contract would not be valid because of contractual capacity. Per the law a contract by minors is voidable by the minor itself. Other reasons that would deem a contract invalid are lack of genuine assent, which means that the accepting party entered the agreement under fraudulent circumstances, duress, undue influence and/or misrepresentation. Moreover the validity of the contract could be hindered due to lack of proper form. This typically refers to
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties to a business agreement intend to be legally bond. These are presumptions only and can be rebutted by sufficient evidence to the contrary. Domestic and Social Agreements Balfour v Balfour (1919) Merritt v Merritt (1976) Simpkins v Pays (1955) Business Agreements Jones v Vemons Pools (1938) Source (HNC Business law notes) One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. If expressly denied (as in a so-called gentlemen's agreement) the contract may not be enforceable. Consideration {text:bookmark-start} {text:bookmark-end} If you look at a legal agreement or contract, you will generally see a phrase in the opening paragraph indicating that the parties agree on an amount of money or "other good and valuable consideration." The concept of consideration has a long history in the law, but simply means something of value. An exchange of consideration between the parties to an agreement is necessary fo...
Sam was 17 at the time of which means he was considered to be a minor as he was under 18. Laws relating to contracts with minors are designed to protect minors from entering into unfavourable contracts. In Sam’s situation though it can be considered that if a contract has been formed it’s a beneficial service contract in relation to a minor. This involves contracts for training, education, apprenticeships, or employment of which are binding on minors as it’s for their benefit. An example of this can be seen in the case of Doyle V White City Stadium (1935) where the agreement was binding on the minor as it was for his benefit
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The thing that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an agreement. According to Section 2(a) of the Contract Act 1950, an offer can be defined as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011)
Minors: The Australian law restricts the entry of Minors in the formation of the contract. So any contract made with the person under the age of 18 will be considered as voidable contract. (Clarke, 2016)