LAW00150 Introduction to Business Law Assignment Sample

Here’s the best sample of LAW00150 Introduction to Business Law Assignment, written by the expert.

Problem 1:

What is the issue you need to consider?

Did Charlie provide sufficient consideration to satisfy Ali’s promise?
Is opening the flower shop by Charlie just 1 kilometer away within 6 months an implied term of the contract?

What are the relevant legal rules relating to this problem?

Compensation can be given to the aggrieved party. As per law breach of contract is not a crime fit for punishment.
Expenses for conducting the suite by the aggrieved party should be paid back by the guilty party.

What are the main cases related to this problem?

Revelations Perfume and Cosmetics Inc. v. Prince Rogers Nelson
Macy’s v. Martha Stewart Living

Based on this information, if Ali sues Charlie for breach of contract, will she win in court? What is your answer – yes? or no? Explain your answer.

Firstly in order to claim a breach of contract, an existence of an actual and valid contract is a must.
In the above case as Ali and Charlie already had a written agreement and hence the three elements of a valid contract already exists in the written agreement which are
Offer – Discussion between Ali and Charlie regarding the sale of flower shop proves about Charlie’s intention of providing a clear offer of sale of the property to Ali.
Acceptance – A written contract between the two proves that the contract and the terms mentioned on it were accepted by both the parties involved. Hence, as Charlie and Ali both had signed the agreement, its states that Charlie was aware of the clause that he cannot setup another business of the same nature within a range of 2 km of the said property. As he opened a new shop within 6 months, it a clear case of breach of contract by him and he is clearly liable to Ali.
Consideration – As far as consideration is concerned Charlie got the benefit in the form of $45,000 (value of the property) and Ali got the property with a written agreement that Charlie won’t start a new similar business within a range of 2 kilometers from Ali’s new property. Hence, the consideration offered by the contract proved to be profitable for both the parties in this case.

Hence, from the above it’s a clear fact that Ali would definitely win the case as Charlie has clearly breached the contract and opened a new branch within 6 months at a distance of 1 kilometer from Ali’s property.

Problem 2:

What is the issue you need to consider?

Does the Special Police Service charges policy imply in this event?
Is Nick’s nonpayment for the services an implied term of the contract?

What are the relevant legal rules relating to this problem?

This comes under Material breach of contract as Nick’s nonpayment of the service charges has entirely destroyed the value of the contract between him and station sergeant.
The guilty party would be charged a penalty which he is required to pay to the aggrieved party.

What are the main cases related to this problem?

Planche v Colburn [1831]
Bolton v Mahedeva [1972]

Based on this information will Nick win in court? What is your answer – yes? Or no? Explain your answer.

Nick will not win in the court.
As per the contract between Nick and the station sergeant both agreed on a common point that Nick would pay the sergeant an amount of $1000 for placing an officer outside the entrance of the hall the whole night.
Hence, this comes as per the unpaid debts where the aggrieved party has performed the said task and still was refused to pay by the debtor.
Thus, in case of the sergeant after making relevant investigations if the court is satisfied with the substantial performance by the sergeant, then he would be liable to get a penalty from Nick in addition to the actual amount agreed for the performance of the task between the two.

Problem 3:

What is the issue you need to consider?

In spite of Mike’s performance as per Helen’s condition still can she sue him for nonpayment of the debts?
Though Mike has made partial payments to Helen and performed customer service task for Helen, would he be still liable to pay her the rest of the debts?

What are the relevant legal rules relating to this problem?

Though Mike was liable to pay Helen an amount of $5000, still as he had already informed her about his loss of job, this makes him liable to get extension for paying off the debts.
On the other hand, as Helen promised him that she won’t sue him and still sued him for nonpayment of the debt, which makes her liable to the breach of contract between the two and hence she would be required to pay compensation to Mike for false allegations. This would be done after proper investigation done by the court.

What are the main cases related to this problem?

Hochster v De la Tour (1853)
Davis Contractors Ltd. v. Fareham Urban District Council 1956 A.C. 696 per Lord Radcliffe at 729

Based on this information, if Helen sues Mike for breach of contract will she win in court? What is your answer – yes? or no? Explain your answer.

Helen would not win the case if she sues Mike for breach of contract.
The main reason behind this is that though Mike failed to pay her back the debts, still he had informed her about his loss of job which gives him legal benefits on extension of the period to settle down the debts later once he finds a relevant job for himself.
On the other hand, Helen assures Mike that she would not sue him if he pays her $1000 on the said date and repairs her BMW at no cost; Helen did not comply with this new contract between them and still sues Mike for the debts which is a breach of contract from her end and not Mike. Hence, Helen is found guilty and would be liable to pay compensations to Mike as per the courts orders.

Problem 4:

What is the issue you need to consider?

The major issue in the case is that Lizzie fails to read the terms and conditions mentioned on the membership contract.
Is charging $20 per day late fee than the regular $5 per day late fee an implied term of the membership contract?

What are the relevant legal rules relating to this problem?

This can be a judgment of specific performance where the court would ask the guilty party to perform tasks as per the statements mentioned in the contract.

What are the main cases related to this problem?

Goodwin v VVMC Club Australia (NSW Chapter) [2008] NSWSC 154 (15 February 2008)
Ragless v Stokes [2015] SAEOT 1 (South Australian Equal Opportunity Commission, Costello J, 15 March 2015)

Based on this information, if The DVD store sues Lizzie for breach of contract will the store win in court? What is your answer – yes? or no? Explain your answer.

If the DVD store keeper sues Lizzie, he would definitely win the case.
This is because, as per the membership contract clear instruction on the deliverance of the DVD after overnight usage was already given. The compensations that would be charged on non adherence to the clause was also informed, hence, as Lizzie failed to comply with the term, she would be liable to pay the late payment fee.
She would also be liable to pay any extra charge to the DVD store keeper if the court says so after a detailed investigation on the case.

Problem 5:

What is the issue you need to consider?

Does the small document signed (agreement) by Tori without any clear instruction provided by the dry cleaner’s owner bind her and the owner into a legal contract?
Was the statement mentioned on the document intentionally placed to provide fraudulent misrepresentation to the clients?

What are the relevant legal rules relating to this problem?

In the mentioned scenario the representation made by the owner was in a reckless manner making it a fraudulent attempt to deal with his obligations safely.
As he did not inform Tori that the small document that she is signing is actually an agreement makes him liable to fraudulent misrepresentation which does not have any trace of innocence.

What are the main cases related to this problem?

Bisset v Wilkinson [1927] AC 177
Edgington v Fitzmaurice (1885) 29 Ch D 459

Based on this information, if Tori sued the dry cleaners for the destruction of her dress would she win in court? What is your answer – yes? or no? Explain your answer

Tori would win the case if she sues the dry cleaners for destruction of her dress.
The dry cleaners acted recklessly about the fact that they are liable to take care of the properties (clothes) given to them for dry cleaning.
The statement ‘We will not be responsible for any loss or damage of whatever nature or howsoever caused’ does not imply to the nature of services that dry cleaners provide.
Though it was Tori’s duty to read the document thoroughly before signing it, however, it was also the dry cleaners duty to inform her that the document is actually an agreement between the client and the owner. This misinformation is a serious offense ending to fraudulent misrepresentation.
As the business of the dry cleaners revolve around the maintenance of the clothes that they undertake from the clients, it’s not ethical on their part to make statements that can help them to escape from their responsibility.
The court would penalize the dry cleaners to pay the relevant compensation to Tori for the damage and loss she had to face.
After proper investigation by the court, the dry cleaners would be asked to change the clause mentioned in the agreement to avoid further misrepresentations by them.

Problem 6:

What is the issue you need to consider?

Does recommendation of Mr. Smith bind him into a legal contract with Sandra?
Does the breach of warranty imply both to the Smith’s and the manufacturer?

What are the relevant sections of the Goods Act?

GOODS ACT 1958 – SECT 59 can be implied for selling inferior quality of goods to Sandra and breaching the warranty of quality goods.
As per Section II—Conformity of the goods and third party claims, it’s the seller’s duty to make sure that the quality of the goods are maintained and taken charge of.

What are the main cases related to this problem?

Shelton v Eureka Garages and Sheds [2010] NTMC 059
Cammell Laird & Co Ltd v Manganese Bronze & Brass Co Ltd

Based on this information, Does Sandra have any rights against Smith’s? What is your answer – yes? or no? Explain your answer.

Yes, Sandra has rights against Smith’s.
As per the breach of warranty Sandra cannot reject the goods, however, she would be liable to charge the seller for compensation of losses she has faced due to the incapable copier she was delivered.
Breach of warranty also implies that the quality of the goods are deteriorated naturally and not due to deliberate mishandling of the buyer. If in case the damage is due to the buyer’s carelessness, then the buyer would be liable to charge the seller.
In this case the copier eventually failed to meet the expectations required on its own. There was no deliberate attempt done by Sandra towards the non performance of the machine, hence, she is liable to get compensation for her loss.

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