LAWS20061 Case Study of Management Law
Added on 2020-03-16
12 Pages2019 Words57 Views
Running Head: MANAGEMENT LAWManagement LawName of the StudentName of the universityAuthor note
1MANAGEMENT LAWTable of ContentsQuestion 1...................................................................................................................................................2Question 2...................................................................................................................................................4Question 3...................................................................................................................................................6Question 4...................................................................................................................................................9Bibliography...............................................................................................................................................11
2MANAGEMENT LAWQuestion 1IssueThe issue in this case is to determined that a valid agreement have been signed by Susan withTom Rules A valid contract is formed between parties two or more parties if all the requirements in relationto it are fulfilled. The basic requirements for the purpose of establishing a contract include offer,acceptance, consideration, intention, capacity and free consent1. A person cannot be made to enter into a contract through the application of force or consentwhich is not exercised freely. Consent provided by the party is said not to be free if it includesthe element of undue influence, Duress, misrepresentation or fraud. In case duress is established by a party to the contract they are allowed to evade their contractualliabilities in relation to the contract. In the given situation duress occurs if a party forces anotherto get into a contract by given a threat to the person, his property or economy2. In the case of Barton v Armstrong [1973] UKPC 27, [1976] AC 104 it had been provided by thecourt that a person who is made to get into a contract due to a physical duress has the right toavoid the contract even if such duress was not the primary reason of getting into the contract. Application 1McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014.2Poole, Jill.Textbook on contract law. Oxford University Press, 2016.
3MANAGEMENT LAWIn the provided scenario it has been stated that Tom has fell in love with Susan. Tom is a multimillionaire and has proposed Susan who is of the age of 20 to marry him. They had met througha dating site and Susan is not a resident of Australia. Susan had been promised by Tom that shewould be brought to Australia and would be provided with a house, car and safety. Howeverwhile they were about to get married Susan was asked to sign a contract by tom which wouldrestrict her from making a claim in case of divorce exceeding $100000. In addition she had beenthreatened by Tom that if she does not get into a contract she would be made to leave Australiaand he would not marry her. Applying the provisions of Duress in this case it can be clearly stated that Susan has been forcedby Tom to get into the contract. This is because she would have not got into the contract if suchthreat had not been given by Tom. Therefore according to the provisions of duress as providedby the above discussed case of Barton, Susan can evade her restriction under the agreement as itis not valid. Conclusion Through the application of the provisions related to personal duress it can be stated that a validagreement has not been signed by Susan.
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