Business Law: Contract Law, Sales of Goods and Case Analysis

This business law assignment delves into various case studies to analyze key legal concepts. It begins with an introduction to business law, emphasizing the significance of rules and regulations in commercial sectors. The assignment then presents six problems, each requiring identification of the issue, relevant legal rules, and related cases to determine the outcome. The cases cover contract law, including agreements between family members, the role of police in enforcing contracts, breach of contract scenarios, and issues related to the Sale of Goods Act. The assignment examines whether contracts are legally binding, the implications of breach of contract, and the rights of parties involved in transactions. Each problem includes a 'yes' or 'no' answer to a legal question based on the analysis of the provided information. The conclusion summarizes the importance of business law, highlighting the need for parties to understand and fulfill their obligations to avoid legal charges. The assignment references various books and journals to support the analysis and conclusions.

Introduction to
Business Law

Table of Contents
INTRODUCTION...........................................................................................................................4
PROBLEM 1 ...................................................................................................................................4
a) What is the issue you need to consider?.................................................................................4
b) What are the relevant legal rules relating to this problem?....................................................4
c) What are the main cases related to this problem?...................................................................4
d) Based on this information, if Ali sues Charlie for breach of contract, will she win in court?4
PROBLEM 2 ...................................................................................................................................5
a) What is the issue you need to consider?.................................................................................5
b) What are the relevant legal rules relating to this problem?....................................................5
c) What are the main cases related to this problem?...................................................................5
d) Based on this information, if the Police Department sues Nick for the reward, will Nick
win in court?................................................................................................................................5
PROBLEM 3 ...................................................................................................................................5
a) What is the issue you need to consider?.................................................................................5
b) What are the relevant legal rules relating to this problem?....................................................5
c) What are the main cases related to this problem?...................................................................5
d) Based on this information, if Helen sues Mike for breach of contract (common law), will
she win in court?.........................................................................................................................6
PROBLEM 4 ...................................................................................................................................6
a) What is the issue you need to consider?.................................................................................6
b) What are the relevant legal rules relating to this problem?....................................................6
c) What are the main cases related to this problem?...................................................................6
d) Based on this information, if The DVD store sues Lizzie for breach of contract (common
law), will the store win in court?.................................................................................................6
PROBLEM 5 ...................................................................................................................................6
a) What is the issue you need to consider?.................................................................................6
b) What are the relevant legal rules relating to this problem?....................................................7
c) What are the main cases related to this problem?...................................................................7

d) Based on this information, if Tori sued the dry cleaners for the destruction of her dress
would she win in court?..............................................................................................................7
PROBLEM 6....................................................................................................................................7
a) What is the issue you need to consider?.................................................................................7
b) What are the relevant sections of the Victorian Sale of Goods Act?......................................7
c) What are the main cases related to this problem?...................................................................7
d) Based on this information, Does Sandra have any rights against Smith’s?............................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law can be explained as the law which simply explains about the rules and
regulations which are needed to be considered by the commercial sector. It plays the crucial role
for business sector because it simply tells that how any of decision is needed to be taken. There
are multiple branch of business law such as Company law, contract law, intellectual property law
and many more. In context of the file, different cases will be solved where major work will be to
identify the issues and according to that rules and relevant cases will be used to find out the
conclusion of the cases.
PROBLEM 1
a) What is the issue you need to consider?
The main issues which is needed to be considered within the given case is that what are
the main laws and regulations where were followed at the time of formation of contract.
Secondly, it is needed to be checked whether agreement can be legally binding between siblings
or not.
b) What are the relevant legal rules relating to this problem?
The relevant legal rules which is related to this particular problem is all about contract
law which plays the crucial role at the time of entering into the agreement. Contract law can be
simply explained as the rules and regulations which are needed to be considered once the party
have a legal intention to create agreement in return of consideration.
c) What are the main cases related to this problem?
Ashton v Pratt [2015] NSWCA 12 (16th Feb 2015) was one of the case where it was
found that each and every terms and condition doesn't apply at the time of entering into the
contract with family member. In the above case fiduciary relation was breached (James and
Thomas, 2019).
d) Based on this information, if Ali sues Charlie for breach of contract, will she win in court?
Yes, if Ali sue Charlie in the court then she will win this particular case because it has
been made clear that Charlie will not be allow to open another flower shop within the area of 2
Km for up to 2 years on which he agreed with Ali. But, for the purpose of person interest Charlie
breached the terms and condition of contract which is against the law.

PROBLEM 2
a) What is the issue you need to consider?
The issues which is required to be considered is that whether it is the duty of policy or not
to look after those cases where illegal activities can be performed.
b) What are the relevant legal rules relating to this problem?
The relevant legal rules which can be used within this respective project is related with
intentions and consideration.
c) What are the main cases related to this problem?
Balfour v Balfour is one of the famous case which directly indicates that it is necessary to
understand that at the time of entering into the contract legal intention must be their so that work
can be conducted in a systematic manner (Beatty, Samuelson and Abril, 2017).
d) Based on this information, if the Police Department sues Nick for the reward, will Nick win in
court?
No, it this case if police sues Nick then, Nick will not succeed because special demands
were asked by Nick on which police asked for the charges. Although, it is the duty of policy
department to see after all those matters where illegal matters can take place but when special
officer is required for petrol then charges may apply.
PROBLEM 3
a) What is the issue you need to consider?
The issues which is required to be focus is about the intention of Helen and Mike and
whether Helen can sue or not as condition were fulfilled by Mike.
b) What are the relevant legal rules relating to this problem?
The legal rules related to the given case study is all about breach of contract which was
done by Helen.
c) What are the main cases related to this problem?
Beaton v McDivitt (1987) 13 NSWLR 162 is one of the case where it consideration was
done but in return of implementing the condition. Here, once the work was completed the whole
terms and condition where changed for personal benefit.

d) Based on this information, if Helen sues Mike for breach of contract (common law), will she
win in court?
No, if Helen sues Mike, then she not succeed because she promised him that if he can
come to see her BMW's steering with addition $1000. But, once the work was completed she
denied in her words to complete the task. If in any of the situation it is needed to be proved then
tension for burden of proof will be on Mike (Beatty, Samuelson and Abril, 2018).
PROBLEM 4
a) What is the issue you need to consider?
The main issue which can be found within the given case is that whether local video shop
can over-rule the rules and regulations made by DVD shop or not.
b) What are the relevant legal rules relating to this problem?
The relevant legal rules relating to the given problem says that any of the person is not
allowed to make those rules and regulations which are against the terms and condition of law.
The law says that those sort of article of association will fall under the category of void ab initio.
c) What are the main cases related to this problem?
Hart v O'Connor [1985] 1 AC 1000, it is the past case which simply explains that any of
the person is not allowed to add on those terms and condition which are against the law or which
overrules the law.
d) Based on this information, if The DVD store sues Lizzie for breach of contract (common law),
will the store win in court?
In context of the case, if DVD store sues Lizzie for the breach of contract then they will
not be allowed to take the addition charge of $140 as it overrules the law. According to the law
of DVD hire industry Lizzie will only pay $10 for the breach of contract (Lin and Ewing-Chow,
2016).
PROBLEM 5
a) What is the issue you need to consider?
The major issues which is needed to be considered in the case is that who has the
responsibility to read the terms and condition of any of the laws and regulations.

b) What are the relevant legal rules relating to this problem?
The relevant legal rules which plays the crucial role is that buyer must be aware at the
time of buying any of the product or services. Even it is the responsibility of seller that they must
not perform that sort of work in which buyer may have to suffer.
c) What are the main cases related to this problem?
Hughes Aircraft Systems International v Airservices Australia [1997] FCA 558;(1997) 146 ALR
1, is the case, where it is was discussed that any of the work is needed to be done with the help of
good faith else it can create lots of issues in future period of time.
d) Based on this information, if Tori sued the dry cleaners for the destruction of her dress would
she win in court?
Yes, if Tori sues the dry cleaners then she will win the case because it was the
responsibility of dry clear to handle the cloth with care. Although, agreement was signed but still
it doesn't means that responsibility to take care of products ends after the formation of
agreement (If your clothes have been lost or damaged by a dry cleaner, 2019).
PROBLEM 6
a) What is the issue you need to consider?
The main issue in the case is Sandra is blaming Mr. Smith for the copier which she
purchase as it was slow and not working as per the needs of her. She is pointing the issues upon
Mr. Smith because he was the one who gave the suggestion to buy a particular printer.
b) What are the relevant sections of the Victorian Sale of Goods Act?
Some of the relevant section of the Victorian Sales of Goods Act 1958 says that it is the
obligation of buyer that they are needed to be aware before buying any of the products. It is the
statement which has been described within the division 2 of part 1 of sales of good act (Goods
Act, 1958).
c) What are the main cases related to this problem?
Petelin v Cullen (1975) 132 CLR 355 (High Court), here high court decided that it is the
obligation of buyer to check the product before buying any of the product.

d) Based on this information, Does Sandra have any rights against Smith’s?
No, Sandra doesn't have any right to sue Mr. Smith for the product which she purchased
because he was the one who just gave the suggestion but it was needed to understand that final
decision is always of Sandra that she should purchase what she should not purchase. In addition,
suing Mr. Smith will not make any of the sense (Mikami, 2016).
CONCLUSION
From the above file, it can be concluded that business law is important law for any of
person whenever they try to enter into the commercial market. Whenever any of the party enters
into the contract then they are needed to be aware that all of the obligations must be fulfilled
because if in any of the condition they fails then legal charged can be imposed easily. To form
the legal contract their must be consideration which means offer and acceptance.

REFERENCES
Books & Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Essentials of Business Law. Cengage
Learning.
Beatty, J. F., Samuelson, S.S. and Abril, P.S., 2017. Business law and the legal environment.
Cengage Learning.
James, N. and Thomas, T., 2019. Business law. John Wiley & Sons.
Lin, L. and Ewing-Chow, M., 2016. The Doing Business index on minority investor protection:
the case of Singapore. Sing. J. Legal Stud., p.46.
Mikami, K., 2016. Cooperatives, transferable shares, and a unified business law. Annals of
Public and Cooperative Economics. 87(3). pp.365-390.
Online
If your clothes have been lost or damaged by a dry cleaner. 2019. [Online]. Available Through:
<https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-
purchase/dry-cleaner/>
Goods Act 1958. [Online]. Available Through:
<http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/
LTObjSt6.nsf/DDE300B846EED9C7CA257616000A3571/
B6302B1A10E6E379CA2578F500088D16/$FILE/58-6265a111bookmarked.pdf>