Management Law- Assignment
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Added on 2020-03-16
Management Law- Assignment
Added on 2020-03-16
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Running head: MANAGEMENT LAWManagement LawName of the student:Name of the university:Author note
1MANAGEMENT LAWAnswer to question 1:Issue:The primary issue of this case is to determine whether the agreement that has been signed bySusan is valid or not. In the present case, it has been noticed that husband of Susan hadhanded over the alleged agreement to her where it has been stated that if at any time thematrimonial tie between both of them has been dissolved, Susan could get hardly $100.000and she will not claim more than that. It has further stated by him that if she will not agreedto sign the same, he will not going to marry her. Rules:It is clear from the facts of the case that the provision of duress will be suitable to resolve thedispute1. The term has been included in the Contract law and it has been mentioned in theprovision that if any act attracts duress, it will cease the enforceability of contractualliabilities. This provision is used as a weapon to defend himself who was forced to conveytheir consent over an agreement the terms of which go against the interest of him. It has beenmentioned under the essentials of contract law that both the party to a contract should have toenter into the contract with free consent. However, if certain situations cropped up where oneof party threatened the other to obtain consent regarding the agreement and that party forcedto give his consent by putting signature, that will attract the provision of duress. In Australia,section 50 of the Contract law envisages the provision of duress. The rule regarding the sameis that the consenting party will get an opportunity to terminate the contract2. the rule1Faerber, A.E. and Kreling, D.H., 2014. Content analysis of false and misleading claims in televisionadvertising for prescription and nonprescription drugs. Journal of general internal medicine, 29(1), pp.110-118.2Feldman, S.W., 2015. Pre-Dispute Arbitration Agreements, Freedom of Contract, and the Economic DuressDefense: A Critique of Three Commentaries. Clev. St. L. Rev., 64, p.37.
2MANAGEMENT LAWregarding the same has been applied in the case of Barton V Armstrong [1973] UKPC 27where the Court has decided to deliver their judgment on behalf of the consenting party andtold to cancel the terms of the contract. Application:It is clear from the case that Susan, who gave consent over the agreement, forced by herhusband Tom and it is clear that she had no intention to deliver her free consent over thecontracted issue. These stipulations attract the provision of Duress. Conclusion:The case can be concluded with the fact that Susan will get the opportunity to rescind thecontract on the ground of duress.Answer to question 2Issue:The pivotal issue regarding the case is to consider the issue whether Steve is liable to meethis promise to buy the car that has been made to Jason or not. The main theme of the caseevolved with the topic regarding the promise made by Steve to Jason regarding a car that hasbeen inspected by Steve for several times. It has been seen in the case that Steve demandedcertain things in respect to the car and told Jason that he will buy the car if all hisrequirements are fulfilled. After knowing the fact, Jason had modified the car, installed all thefeatures to the car, and met all the requirements respectively. However, it has been observedthat Steve on later stage denied to buy the car.
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