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Questions on Contracts: Formation and Contents 1.Is there any enforceable agreements between any of the parties? If so which one or both and what are the terms? 2.Can Essence argue that there is no...

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Questions on Contracts: Formation and Contents

1.Is there any enforceable agreements between any of the parties? If so which one or both and what are the terms?

2.Can Essence argue that there is no contract with Boyano because he is a minor?

Questions on Contracts: Validity and Ending

3.Can Essence use the legal principle of either ‘common mistake’ or ‘mutual mistake’ to make any contract between her and Boyano void?

4.Do you believe that there has been a breach of contract by Manolo? If so what type of remedy might be appropriate?

Questions on Agency

5.Can it be argued that Manolo is an agent for his nephew and therefore Boyano is bound by the terms in the subsequent agreement?

Question on Competition and Consumer Law

6.Would the Australian Consumer Law apply to either agreements? Why/why not?

Required:

Please answer any 3 of the above 6 questions.

Please use case law and/or legislation to illustrate your answers.

Answered Same Day Apr 11, 2020 BAA215

Solution

Preeti answered on Apr 11 2020
144 Votes
Law Discussion Questions
Introduction
The underlying report is based on Australian contract law and ascertaining legal enforcement of promises or commitments made by parties in the process of forming a legal relationship. The common law in Australia defines certain statutory modifications and principles to be adopted in certain areas and decisions. The report is prepared on the basis of scenario projected in the form of a case study involving three parties mutual agreement to perform certain act or obligation. But, failure to perform act in said or agreed manner invites legal statutes to consider and providing justifiable solution to each instance.
1) Is there any enforceable agreements between any of the parties? If so which one or both and what are the terms?
In context to Australian contract law, there are certain conditions of enforceable agreements. These conditions are agreement, consideration, capacity, and intention which are mandatorily necessary to be fulfilled for forming a binding contract or enforceable agreement. In underlying case scenario, there are three parties-Essence, Manolo and Boyana. All three parties underwent a process of initial negotiations for preparing a hand written agreement. But, parties did not sign the agreement, and, written agreement is not considered as valid and enforceable, in case, it is not signed by all involved parties (Klee, 2015).
Second condition is based on consideration which seemed as fulfilled in the agreement as it is agreed that Essence would supply 10000 kilos apples to Manolo, which are agreed to pick by Boyana and Essence. And, Manolo would use apples in preparing apple juice in his factory. This process is agreed to settle at defined consideration-50% to Essence, 40% to Manolo, and 10% to Boyana.
Thirdly, capacity to contract states that parties to the agreement should be competent means not minor in age below 18 years, and, mentally capable to understood and perform contractual obligation. The lack of capacity renders agreement as void and unenforceable. In given case, Boyana is 17 years old means a minor incompetent to enter into a contract. He did not pose adequate mental capacity to judge and comprehend contractual norms and perform obligations.
Fourthly, Australian law also require parties to have a clear intention to enter and formulate contractual a
angement. The agreements should not be presumed; rather it should bear the onus of proof. In a case Ermogenous v Greek Orthodox Community of SA, based on engagement of a minister of religion, language of presumptions makes the case critical. Therefore, it is argued that contractual norms and obligations should be clear...
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