Business law Case Study Essay
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This document consists of three (3) pages including this page.
There are three (3) questions and all questions must be answered. This assessment task contributes 30% of your final grade. The questions are not equally weighted. This assessment task is based upon the content covered in Weeks 4 and 5 (Contract law).
Word limit: The word limit for the entire assignment is 1500 words. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions).
Referencing style: Assignments must be referenced adopting an appropriate business referencing style.
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SAMPLE ANSWER
Business law Case Study Essay
Advice to Dorothy
Dorothy does not have a binding contract with Brian. A contract is a written or verbal agreement which meets particular conditions thereby making it enforceable at law (DiMatteo, 2013). The conditions are as follows: (i) offer and acceptance; (ii) each term of the offer has to be agreed upon; (iii) each party has to intend to be legally bound to the contract; and (iv) there has to be consideration – a valuable something has to be exchanged during the transaction (LaMance, 2011). Dorothy and Brian did not agree upon all of the terms of the contract. Dorothy wanted Brian to pay cash of $1,500,000 in one lump sum on settlement but Brian insisted on paying the amount in 4 instalments. However, Dorothy has a binding contract with Lionel since they both agreed upon the terms of the offer, that is, $1,750,000 in cash for the family home. Moreover, with Lionel, there was offer and acceptance but with Brian, there was no offer and acceptance.
Advice to Rachel
Although Rachel denies that Fang’s temper was ever a term of the contract, it in fact was. The promise that Rachel made to Emily – that Fang is even tempered – is binding. If the parties in a contract exchange promises, in contract law, every promise is a consideration for the other promise. Failing to fulfil a promise in a contract is an infringement of the contract, for which the other party might take legal action for damages and/or performance (Weitzenbock, 2012; Mathews, 2015). When Rachel promised Emily that Fang is even tempered, this promise is binding and Emily may sue her since Fang turned out not to be even tempered.
Phillip cannot sue the ferry company
The ferry company had an Own Risk clause and this clause applies to the contractual relationship between the Ferry Company and Phillip. This clause is effective (Howard, 2015). It relieves the Ferry Company from liability for negligence navigation by its captain that resulted in the ferry colliding with an underwater obstruction marked by a warning buoy. If there was no Own Risk clause, then the Ferry Company perhaps would have been liable for Phillip’s damages in this case (Clarke & Yates, 2013).
References
Clarke, M. A., & Yates, D. (2013). Contracts of carriage by land and air. American Business Law Journal, 34(2), 67-75.
DiMatteo, L. A. (2013). Fifty Years of Contract Law Scholarship in the American Business Law Journal. American Business Law Journal, 50(1), 105-158. https://www.doi:10.1111/ablj.12006
Howard, J. S. (2015). Contract Resurrected! Contract Formation: Common Law ~ UCC ~ CISG. North Carolina Journal Of International Law & Commercial Regulation, 40(2), 245-291.
LaMance, K. (2011). Contract for the purchase or sale of a home. American Business Law Journal, 50(1), 105-158.
Mathews, K. (2015). CloudConsumer: contracts, codes & the law. Computer Law & Security Review, 31(4), 450-477. https://www.doi:10.1016/j.clsr.2015.05.006
Weitzenbock, E. M. (2012). English law of contract: Terms of contract. Governance Directions, 62(7), 430-434.
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