Assignment on Business Law in Business
Added on 2020-04-21
11 Pages2388 Words89 Views
Running head: BUSINESS LAWBusiness lawName of the StudentName of the UniversityAuthor Note
1BUSINESS LAWTable of ContentsQuestion 1........................................................................................................................................2Question 2........................................................................................................................................3Question 3........................................................................................................................................5Question 4........................................................................................................................................6Question 5........................................................................................................................................8References......................................................................................................................................10
2BUSINESS LAWQuestion 1Issue 1Whether there has been a contract between Jennifer and her grandmothers despite thecomplications of domestic agreements or not?Rules Whether a contract has been formed in relation to a domestic agreement is determined throughthe analysis of the intentions of the parties to the agreement to establish a legally bindingrelationship. Where there is intention between the parties the domestic subjective or objective theagreement would be a contract which is binding legally. Where there is no intention between theparties the agreement would be deemed as social agreement.In the case of Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 the court ruled that aperson would be deemed to have an intention to bind another party to the contract if a reasonableperson would be induced by the expression to get into the contract. Where there is a domestic relationship it is not presumed that a legally binding relationship existsbetween the parties unless it is rebutted as it was in the case of Balfour v Balfour [1919] 2 KB571. In this case it had been held by the court as there was no intention to create a legalrelationship between the parties there was no contract. In the case of Simpkins v Pays [1955] there was a contract between a grandmother and agranddaughter in relation to sharing of profits in a lottery. Through the application of the
3BUSINESS LAWobjective test it had been ruled by the court that where a reasonable person would deem anyexpression as a legal offer there is intention of creating legally binding relationship. Application According to the above discussed rules it can be said that there is a valid agreement betweenJennifer and her grandmother which is legally binding on both of them. This is because therelationship between the parties is not a purely domestic relationship. Upon the application of theobjective test it can be said that a reasonable person would be induced by the expression made bythe grandmother that she would be transferring her house if Jennifer moved to Mount Gambier toget into a contract. In addition the consideration which has been provided in the contract is themoving of Jennifer to Mount Gambier. She has also suffered significant losses for the move asshe had to quit her job and she could not find similar jobs in Mount Gambier. This means that itwould be unjustified if the contract is treated as a domestic agreement as it would cause immensehardship to JenniferConclusion Therefore it can be concluded that Jennifer has a legally binding contract with her Grandmother.Question 2 Issue Whether there has been a contract between the parties with respect to the postal rule ofacceptance and meeting of minds (offer and acceptance) Rule
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Business Law: Contract, Agency, Property and Intellectual Propertylg...
|8
|2421
|264
Contract Law Legal Issue - Assignmentlg...
|8
|1808
|29
Business Law Assignment - Breaching and Cheatinglg...
|9
|2542
|26
Business Lawlg...
|9
|1867
|451
Intellectual Property Rights: Laws and Practiceslg...
|8
|1808
|88
Business Law Case Studies with Rules and Chances of Winninglg...
|8
|1218
|63