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LAWS20061 Assignment Management Law

   

Added on  2020-03-16

7 Pages1502 Words32 Views
Management of Law

Table of ContentsCase 1..........................................................................................................................................................1Case 2..........................................................................................................................................................2Case 3..........................................................................................................................................................2Case 4..........................................................................................................................................................3REFERENCES............................................................................................................................................5

Case 1IssueTom, a middle-aged businessman, told his would-be-wife a week prior to their wedding that hewill marry her only if she signs an agreement that explicitly states that she will only get $100,000if they get divorced. If they stay married, then she will get his house, car, and other physicalthings. Susan signed the agreement reluctantly. They got divorced after five years. The issue is toidentify if the agreement signed by Susan was valid.Legal ProvisionsAll agreements are contracted as per the Australian Contract Law if they meet the followingconditions:Offer and acceptanceConsensus-ad-idemFree consentLegal objectLegal consideration (Grau, 2014)Possibility of performanceCompetency of parties to contractApplicabilityClearly, an offer was made by Tom to which Susan agreed by signing the document. This makesthe agreement valid. Moreover, both the parties mutually consented to sign the document andthere was no use of force, undue influence or coercion. A legal object was pledged i.e. $100,000,in event of divorce. Taking reference from the judgment in the case of Australian Woollen MillsPty Ltd vs. The Commonwealth, there was also a legal consideration i.e. if the agreement wassigned, Tom would marry Susan and bring her to Australia, give her a car, house and keep hersafe (Coffee, Sale & Henderson, 2015). The promise made by Tom was offered as aconsideration for Susan to sign the agreement. Moreover, both Tom and Susan were adults andof sound minds.ConclusionIt can be concluded that there was an intention on part of Tom to create legal relations and thesituation had all the elements of a valid contract thereby making it enforceable. 1

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