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Business and contract Law - Assignment

   

Added on  2021-04-17

9 Pages1380 Words141 Views
Running head: BUSINESS LAWBusiness LawName of the StudentName of the UniversityAuthor Note

1BUSINESS LAWProblem 1:Issue:The issue is that, whether the written agreement between Charlie and Ali was createdwith an intention to make the contract legally binding. If yes, then the opening of a new flowerstore by Charlie is a breach of contract?Rule:In cases involving social and domestic agreements, there is a presumption on the part ofthe Court regarding the fact that the contract was not intended by the parties. Such presumptionis considered to be rebuttable, if sufficient evidence is present which indicates contrary intention.Cases:Todd v Nicol [1957] S.A.S.R. 72, Supreme Court of SA.Bowes v Chaleyer(1923) 32 CLR 159, High Court.Answer:The answer would be yes. The agreement was made with an intention to bind legally.This is because both Charlie and Ali appointed solicitors for the purpose of creating a formalwritten agreement. In this case, the presumption that the agreement would not be legally bindingcan be rebutted. Therefore, the Court shall decide the case in the favor of Ali while Chalie hasbreached the contract.Problem 2:

2BUSINESS LAWIssue:Was appointing a police officer for the purpose of guarding the night party can beregarded to be sufficient consideration in return of the amount paid by Nick.Rule:A public servant acting in excess of his public duty can be regarded as a goodconsideration. Cases:State of New South Wales v Briggs [2016] NSWCA 344.Answer:No, Nick will not be winning this case because the police officer was acting in regard tohis public duty. However, Nick appointed the police officer to act in excess of his public duty bystationing him outside the party all night. As a result of this, a binding contract has been formedbetween Nick and the Department of Police and the Court took the decision in favor of the PoliceOfficer.Problem 3:Issue:The issue is that whether consideration was provided by Mike for the promise made toHelen for preventing her from suing for the remaining debt. Rules:

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