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Assignment on Contractual Agreement

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Added on  2020-10-23

Assignment on Contractual Agreement

   Added on 2020-10-23

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Case Scenario Paper - ContractLaw
Assignment on Contractual Agreement_1
Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1QUESTION 2...................................................................................................................................3CONCLUSION................................................................................................................................3REFERENCES................................................................................................................................5
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INTRODUCTION Contractual agreement are one of the essential requirement to carryout of with variousbusiness operations and projects. The contracts are entered by the parties under a businessproposal to give it a legal enforceablility. In the present report two different issues related with agiven case scenarios are interpreted and legal solutions is presented for both the problems. Thecase is related with SADlee a couple facing certain problem with its lease and sale agreement.QUESTION 1Issue: Determination of the fact that whether SADlee can avoid the extended lease agreementon the basis of Unconscious conduct or not?Rules: As per Australian contract law, an unconscionable contract are the one dealing withtransaction between dominant and weaker parties. A contract is said to be unconscionable ifthere is an unfair dispute between a dominant and a weaker party under the contract1. In thiscontract the stronger party takes advantages from the weaker party due to their special disability.The special disability of a person can be determined as the incapability of person to understand aparticular language or illiteracy, poor education drunk, elderly people or disabled person. Anunconscionable can be enforced by the common law only with decided case laws and with legalprovision defined under the Australian consumer Law. According to section 20, 21 and 22 of the Australian Consumer law (ACL) theconsumers are protected from this type of contracts. Section 20 states that a company must notengage in a conduct of unconscionable under the meaning of this unwritten law. Section 21,protects the consumers in relation to acquisition of goods and services from a person2. Section22 defines certain condition that must be examine by the court in checking whether the contractwas under unconscionable conduct, that factors which must be determined are:1Unconscionable Conduct in Contracts. 2018. [online]. Available through:<https://legalvision.com.au/unconscionable-conduct-contracts/>.2Unconscionable Conduct. 2018. [online]. Available through:<https://www.australiancontractlaw.com/law/avoidance-unconscionable.html>.1
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