Case 1: Breach of Contract by Betty
This case study is related to Contract Act:
An agreement was entered between both the parties (Betty & Jennifer). However, it is seen that there no written document was not there but there was a vocal agreement, which was entered between the parties. Betty made an offer and Jennifer accepted it. Offer an acceptance can be assumed and seen from the attitude of the both parties. Both the parties in the said agreement had considerations so it assumed that it was not a favor.
Betty who made an offer was in capacity to make that particular offer. None of the parties was minor and fulfills all clauses to form an agreement. The agreement does not contradict any laws thus it can be termed as a contract (Anandaraja, D’Ovidio and Jenkins 2013).
Agreement
An agreement, which is, formed and when there is an offer and acceptance. In this case, we can see that Betty, who was accepted by her granddaughter Jennifer, made an offer.
No agreement is considered a contract but all contracts are considered an agreement. Without an agreement, a contract cannot be entered. Not all contracts may be in written form. For example when a person gets in a taxi and ask the taxi driver to take him to a place, in that case they are binding under a contract, which is not written.
An agreement, which is also a contract when there, is a consideration between the parties. That means both the parties should fulfill some consideration. For example a favor without any clause attached to cannot be taken as a consideration. A consideration is something, which both the parties are benefiting through this agreement.
In this case, it fulfills the criteria as both the parties had their own consideration that fulfils their cause (Appleman and Holmes 2016).
Enforceable by laws
The agreement should be something, which is legal in nature. The agreement cannot be something that contradicts law; in that case, it will not be considered as contract. For example, A asked B to kill C. In doing so, A will pay B.
In this case, the offer that is being made by Betty is within the binding of law. A person having the capacity to enter into the contract. It was found that Betty who promised her granddaughter that if she will come to stay with her then she would transfer all her property to Jennifer, which she later refused to do. Therefore, there was breach of contract.
The Promise made by Betty was later broken and thus there was a breach of contract. Though there was no written document entered between the parties, still there was a promise made (Drennan 2016)
Conclusion:
When a person enters a restaurant an eats, it is to be assumed that he will pay for the food.
About this example, we can see that Betty had some bindings as Jennifer left his job and family and moved Mount Gambier where she could not find a full-time job. This made Betty legally binding.
If this case is taken to court in that case the decision may go in the favor of Jennifer as we can see there is clearly a breach of contract from the side of Betty. As Jennifer made some sacrifices and she also suffered a loss of revenue as she had to lose her full time job and had to do with her part time job that she could find in Mount Gambier. She also sacrificed her social life as well hampered her career in order to fulfill Betty’s offer
Case 2: Issues with Offer and Acceptance
This case is related to Contract Act:
Both the offer and the acceptance is both an element of contract. A valid offer can only lead an agreement for contract. As we know, that not all agreement may be a contract but all contracts are agreements. Therefore, a contract has an offer and then acceptance between both the parties, which has lead it to an agreement. An agreement can be verbal in nature.
In this case, we can see that Sanche makes an offer to Richard to sell his car a 1974 built Holden Monaro. He further specified a particular period to limit his offer with a specific amount. It means that his offer was very specific and valid in nature.
His willingness to make an offer defines that he is willing to come into contract with Richard. Sanche at the time the offer was made was in capacity to make that offer and fulfilled all the clauses to be a valid offer (Gallagher et al 2015).
In this regard, Richard further made a counter offer against the offer made by Sanche. As soon as he made a counter offer, he revoked the previous offer and made a new offer. The new offer made by Richard changed the scenario, rejecting the prior offer and proposing a new offer. The previous offer that was made by Sanche, no longer stands.Sanche does not accept the offer made by Richard and immediately sold his car to Bradley. As the offer was considered rejected as soon as Richard made a counter offer so Sanche did not had any bindings whatsoever.
Further, the acceptance, which was made by Richard, was communicated to him later as he did not check his mail that day. Therefore, Sanche was not aware of the acceptance now he sold the car to Bradley.
Conclusion:
If this case is put up in the court of law the case would prove that the offer was terminated as soon as there was a counter offer made. We know with the counter offer it revokes the previous offer and forms a new offer, which is now in discretion of the acceptance of another party. In this case Sanche does not accept the offer and sell of his car to Bradley. Therefore, there was no breach of promise on the part of Sanche, so there is no legal issue (Hunter 2017).
This case study is related to the Law of Agency:
In this case, study Kevin is the principal who appointed Ravi as the agent who is authorized by the principal to act on his behalf. An agent has to abide by the rules that are being set by the principal authority.
The contract between Kevin and Ravi was revoked now Ravi accepted to sell the Oak dining table at 6,500 dollars, which Kevin mentioned to be sold at 7,000 dollars. Now the oak dining table was sold to Theresa she was at an impression that the Ravi was the owner of the table rather than Kevin so it does not bind Kevin. As Ravi does not abide by the mentioned rules and exceeded the authority provided to him by the principal.
Case 3: Liability in Auction Sales
In that case, it is a breach of agency contract. In such a situation, the agent will be liable to the third party. Ravi who is the agent of Kevin has superseded the authority provided to him by Kevin and he will be liable to Theresa. Theresa had no clue that Kevin being the owner of the dining table so it does not bind Kevin of any liabilities.
Kevin would have been liable if he would have agreed with the new price that is 6500 dollars and if he would have mentioned to Theresa that he is the owner of the dining table. In this case, neither of the situations took place. Theresa at the time she bought the table was at an impression that Ravi the owner of the table and he is liable against any problem whatsoever arise regarding that dining table (Knapp, Crystal and Prince 2016).
Conclusion:
If this case is put up in court of law the case will prove that Kevin in this case became the third party who was not involved in the agreement between Ravi and Theresa as Ravi exceeded his authority and does not go by the clause mentioned by Kevin, in that case Kevin cannot be hold as responsible (Knuutinen 2014).
This case is related to Intellectual Property Law:
In this case, Trevor composes music and plays his music for his friend Declan, who later composed identical music and earned a lot of money by selling them to the distributor. As a song that was composed by Trevor was not registered and neither has any copyright, but if he can prove that he has composed the song earlier and Declan created a song, which is identical in, nature then he may have result on his favor (May 2013).
Other friends of Trevor who witnessed the whole scenario can be a big help in proving the fact. Declan misused the information and he cheated Trevor. However, Trevor had no copy right over the song still it was his creation (McKendrick 2014).
In most of the cases, the creator will also have the right to be identified as the proprietor and has the full power to protect his creation. He can see that his creation is not stolen (Poole 2016). As here, in this case study where Declan misused the knowledge of the song and duplicated the song. This act protects the work of the protector for 50 years. Within this period, a creator has exclusive right over the property (MKendrick 2014).
Conclusion:
If this case were put up in court of law, it would be very tough to prove that Declan replicated the song from Trevor and Trevor has composed this song earlier than Declan. If it can be proved, it is believed the case would go in favor of Trevor (Preston 2016).
This case is related to Contract Act:
Clare runs a very successful hair dressing business situated at Unley road Adelaide. It was taken five years to start a business of that stature. Clare decides to sells her business, which is hairdressing under the clause that she will not start any business within a period of ten years (Nagy 2013).
After one year, she started a café on King William Road, Hyde Park. As we know, Café has no relation with a business of hairdressing. A business that is not competing directly or indirectly with Maddie’s business cannot harm to Clare’s business in any way. Therefore, Clare cannot be stopped in doing a business. The clause mentioned in the contract is not being valid in nature as it contradicts with the legal rights of a person. It can be valid in nature as long as Clare starts a business that has any relation with Maddie’s business otherwise such a contract is not valid in nature. A clause that is mentioned in the contract contradicts with the legal rights of the person (Trotta 2013).
When it was mentioned in the clause that Clare could not start a business within 10 years from the date he sold her business specifically meant competing business. Clare cannot be stopped from doing a business that has no competition with Maddie’s business. Hence, it cannot be said as a breach of contract. The contract cannot stop Clare from starting a new café.
Conclusion:
Therefore, if this case is put up in the court of law it would go in the favor of Clare as Maddie does not have ample reason that can stop Clare from starting a business which does not compete or interferes with her business. Maddie can stop Clare from competing but cannot stop her from earning living from another business (Twigg-Flesner 2013).
References:
Anandarajan, M., D’Ovidio, R. and Jenkins, A., 2013. Safeguarding consumers against identity-related fraud: examining data breach notification legislation through the lens of routine activities theory. International Data Privacy Law, 3(1), p.51.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2016. Contract Concerns: Reinsurance Contract Formation, Validity, And Judicial Construction (Vol. 14). Appleman on Insurance Law and Practice.
Drennan, W.A., 2016. Charitable Naming Rights Transactions: Gifts or Contracts. Mich. St. L. Rev., p.1267.
Gallagher, M., Giles, J., Park, A. and Wang, M., 2015. China’s 2008 Labor Contract Law: Implementation and implications for China’s workers. Human Relations, 68(2), pp.197-235.
Hunter, H., 2017. Modern Law of Contracts.
Knapp, C.L., Crystal, N.M. and Prince, H.G., 2016. Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.
Knuutinen, T., 2014. Intellectual Property Rights.
May, C., 2013. The global political economy of intellectual property rights: The new enclosures? (Vol. 3). Routledge.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
MKendrick, ., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Nagy, D.M., 2013. Owning Stock While Making Law: An Agency Problem and a Fiduciary Solution.
Poole, J., 2016. Textbook on contract law. Oxford University Press.
Preston, J., 2016. Queen Bess: An Unauthorized Biography of Bess Myerson. Open Road Media.
Trotta, D., 2013. At UN, Brazil’s Rousseff blasts US spying as breach of law. Reuters, September, 24.
Twigg-Flesner, C., 2013. The Europeanisation of contract law: current controversies in law. Routledge.
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