This article discusses three case studies related to business law, covering topics such as agency agreements, contracts, and the Sales of Goods Act. Each case study examines the relevant laws and provides an analysis of the situation. The article also includes references for further reading.
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Running head: BUSINESS LAW BUSINESS LAW Name of the Student Name of the University Author Note
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1BUSINESS LAW Table of Contents Case Study 1....................................................................................................................................2 Case study 2.....................................................................................................................................4 Case study 3.....................................................................................................................................5 References........................................................................................................................................7
2BUSINESS LAW Case Study 1 ISSUE The main issue in the given case is that Gagan was in an agency agreement with Ron who would act as her agent and help her in becoming popular by managing and promoting her talent. In return he would get 75% of her income. The contract would last for 10 years. Three years later, she realizes that she does not need his help anymore and she wishes to terminate the contract. Hence, it has to be examined whether this is plausible under the Agency Law and Agreement. Furthermore the situation needs to be assessed if the agent was her father. RELEVANT LAW The relevant law in the given scenario isthe Agency Agreement. The agency agreement guides the relationship and contract between the agent and the principal (Agentlaw.co.uk. 2018). There are various ways in which the contract between an agent and a principal can come to an end. APPLICATION For the given scenario, there are two situations in hand. The contract between Rob and Gagan can come to an end in the two given scenarios: By notice The agency act can come to an end when the principal sends a legal notice to the agent stating that the contract can come to an end after a certain period.
3BUSINESS LAW By the Act of the Parties Under this section, by revocation by the principal, Gagan can end the agreement at any point of time. However, since the given act is unilateral in nature, this may serve as a breach of contract. In such a case a notice needs to be sent. CONCLUSION Hence, Gagan needs to either a notice or needs if she decides to revocate the act, it may count as a breach of contract. Therefore, she will not be successful in terminating the contract easily. Had Rob been her father, the case of a contract would not have binded them, which would have contributed to an end of their mutual agreement easily.
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4BUSINESS LAW Case study 2 ISSUE In the given scenario, Stanley decided to sell his equipment’s for a sum of 20000$ and thus, he planned to give away tenders to three different parties. The tender was sent at different dates and when Sarah tried to confirm by the contract verbally, the call got disconnected. When George tried to send him a written acceptance then, he could not receive it and with Peter he agreed to get into the contract with Stanley. RELEVANT LAW Hence, under the terms of a legal contract, the three crucial elements need to be present: Offer:The seller of the contract needs to make an official offer with all terms laid down in the agreement. Acceptance:The buyer of the contract needs to accept the contract in written response. Writtenagreement:Thereneedstobeawrittenagreementtovalidatethecontract (Business.gov.au. 2018). APPLICATION According to the given scenario, Peter can be deemed to be the probable acceptor of the chosen contract because his deal with Stanley abided by all important aspects of the contract and the written obligations have been followed. CONCLUSION
5BUSINESS LAW Hence, the verbal contract with Sarah does not stand valid as it wasn’t confirmed. Secondly, as George’s response did not reach Stanley, it cannot be accepted and lastly, Peter would be the correct alliance as all the essential elements of a contract have been abided by. Case study 3 ISSUE In the given case study, the Yacht Company, Marine Designs Ltd had to deliver the boats for the Ocean tours company by the 15thof June so that it is able to engage in the whale tour. However Marine Designs Ltd could not deliver the boats on time and delivered them post the season due to which the Oceans tour company underwent a huge loss of approximately 20000$. Furthermore, it lost a personal client as well which further estimated up to a loss of $32000. Hence, in this scenario The Sales of Goods Act 1954 has been breached. RELEVANT LAW Under the section 4 of the Sales of Goods Act, 1954, it has been given that in case any of the parties are Unable to act under the Performance of the contact then it is taken to be as a breach of contract (Legislation.act.gov.au. 2018). APPLICATION In the given scenario, the goods were neither delivered on time and they were delivered according to the wrong specification. Hence, this is a case of non-performance on the side of the Marine Delights Ltd and they are liable to get the goods rejected by the Ocean tourist Pty Ltd and may be compensated for a breach because of the loss borne by the Tourism company. CONCLUSION
6BUSINESS LAW The Marine Delights Ltd is at a fault in the given scenario and hence, they must compensate to the tourism company and the Oceans Company has a right to reject their goods.
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