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Validity of contract for transfer of beach and unfair contract amid John and Brown Suppliers Pty Ltd

   

Added on  2023-06-04

10 Pages855 Words468 Views
Part A
Validity of contract for transfer of beach and unfair contract amid John and Brown Suppliers Pty Ltd_1
Issue
Whether the transfer of beach by the
grandmother to Anne is a valid contract?
Validity of contract for transfer of beach and unfair contract amid John and Brown Suppliers Pty Ltd_2
Relevant Law
A contract is made when there is offers , acceptances, consideration,
capacity and intention of the parties.
A contract can be rescinded by the aggrieved party on the presence of:
Unconscionable conduct - An act wherein the bargaining powers of the
contractual parties differ, that is, one party is superior from the other
party and indulges in actions that are not in compliance with ethics,
morals and principles and takes gains of his superior position at the cost
of the weaker party.
Undue influence occurs when the dominant party by taking advantage of
his position makes an influence on the weaker party. The weaker party
makes a contract without using his free will and mind.
Duress - Duress occurs when the dominant party takes illegitimate
actions, such as, threat on the arrived party body or property and
compels him to establish a contractual relationship.
Validity of contract for transfer of beach and unfair contract amid John and Brown Suppliers Pty Ltd_3

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