Business Law
Added on 2023-03-20
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Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note
Business Law
Name of the Student
Name of the University
Author Note
1BUSINESS LAW
Question 1
a.
Issue
Whether there can be a repudiation of the contract that has been created among Scenic
View and Vincenzo under the common law contract.
Rule
The requisites of a contract are:
George Hudson Holdings Ltd v Rudder (1973) 128 CLR 3871: there must be an offer that
must have moved from one person to another signifying the desire of the offeror to bind
himself and the offeree towards a legal relationship.
Robophone Facilities Ltd v. Blank [1966] 3 All E.R. 1282: there needs to be an acceptance
that has been extended towards the offer.
Rose & Frank Co v JR Crompton & Bros Ltd [1924] UKHL 23: there must have the
intentions between the parties to create legal relationship.
White v Bluett (1853) 2 WR 754: there needs to be a consideration present for both the
parties to the contract.
Simpkins v Pays [1955] 1 WLR 9755: the parties to the contract need to have the capacity
to enter into a contract, which includes having a sound mind, not being a minor and not
restricted by law.
1 George Hudson Holdings Ltd v Rudder (1973) 128 CLR 387
2 Robophone Facilities Ltd v. Blank [1966] 3 All E.R. 128
3 Rose & Frank Co v JR Crompton & Bros Ltd [1924] UKHL 2
4 White v Bluett (1853) 2 WR 75
5 Simpkins v Pays [1955] 1 WLR 975
Question 1
a.
Issue
Whether there can be a repudiation of the contract that has been created among Scenic
View and Vincenzo under the common law contract.
Rule
The requisites of a contract are:
George Hudson Holdings Ltd v Rudder (1973) 128 CLR 3871: there must be an offer that
must have moved from one person to another signifying the desire of the offeror to bind
himself and the offeree towards a legal relationship.
Robophone Facilities Ltd v. Blank [1966] 3 All E.R. 1282: there needs to be an acceptance
that has been extended towards the offer.
Rose & Frank Co v JR Crompton & Bros Ltd [1924] UKHL 23: there must have the
intentions between the parties to create legal relationship.
White v Bluett (1853) 2 WR 754: there needs to be a consideration present for both the
parties to the contract.
Simpkins v Pays [1955] 1 WLR 9755: the parties to the contract need to have the capacity
to enter into a contract, which includes having a sound mind, not being a minor and not
restricted by law.
1 George Hudson Holdings Ltd v Rudder (1973) 128 CLR 387
2 Robophone Facilities Ltd v. Blank [1966] 3 All E.R. 128
3 Rose & Frank Co v JR Crompton & Bros Ltd [1924] UKHL 2
4 White v Bluett (1853) 2 WR 75
5 Simpkins v Pays [1955] 1 WLR 975
2BUSINESS LAW
Johnson v Buttress [1936] HCA 416: the consent of the parties to the contract needs to be
free from mistake, duress, unconscionability, undue influence and misrepresentation.
Cutter v Powell [1795] EWHC KB J137: a contract can be terminated by way of
performance, discharge, frustration, mutual agreement and breach.
Addis v Gramophone [1909] AC 4888: damages can be claimed by the aggrieved in case
of breach of the contract and the amount of damages will be same as that of the loss caused.
Other remedies available are recession, injunction and specific performance.
Application
Elements of contract between Vincenzo and scenic beauty has been satisfied. Offer to sell
services by the hotel has been accepted by Vincenzo. As it is a commercial agreement, the
intention to create legal relationship was also present. Capacity of the parties are also there.
However, there was not proper understanding between the two as Vincenzo has a week
English. The services rendered by the hotel were not acceptable and hence was a breach of
contract. Hence, contract can be repudiated. Vincenzo can claim a full refund.
Conclusion
There can be a repudiation of the contract that has been created among Scenic View and
Vincenzo under the common law contract.
b.
Issue
Differentiation between term of a contract and representation. Importance of a collateral
contract. Differentiation between conditions and warranties.
6 Johnson v Buttress [1936] HCA 41
7 Cutter v Powell [1795] EWHC KB J13
8 Addis v Gramophone [1909] AC 488
Johnson v Buttress [1936] HCA 416: the consent of the parties to the contract needs to be
free from mistake, duress, unconscionability, undue influence and misrepresentation.
Cutter v Powell [1795] EWHC KB J137: a contract can be terminated by way of
performance, discharge, frustration, mutual agreement and breach.
Addis v Gramophone [1909] AC 4888: damages can be claimed by the aggrieved in case
of breach of the contract and the amount of damages will be same as that of the loss caused.
Other remedies available are recession, injunction and specific performance.
Application
Elements of contract between Vincenzo and scenic beauty has been satisfied. Offer to sell
services by the hotel has been accepted by Vincenzo. As it is a commercial agreement, the
intention to create legal relationship was also present. Capacity of the parties are also there.
However, there was not proper understanding between the two as Vincenzo has a week
English. The services rendered by the hotel were not acceptable and hence was a breach of
contract. Hence, contract can be repudiated. Vincenzo can claim a full refund.
Conclusion
There can be a repudiation of the contract that has been created among Scenic View and
Vincenzo under the common law contract.
b.
Issue
Differentiation between term of a contract and representation. Importance of a collateral
contract. Differentiation between conditions and warranties.
6 Johnson v Buttress [1936] HCA 41
7 Cutter v Powell [1795] EWHC KB J13
8 Addis v Gramophone [1909] AC 488
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