Business Law Assignment: Analyzing Contracts and Legal Cases

This business law assignment delves into various aspects of contract law through the analysis of several case scenarios. The assignment examines the legality of contracts, breach of contract, and the intentions of parties involved in agreements. It explores relevant legal rules and precedents, such as Ashton v Pratt and Balfour v Balfour, to determine the validity of claims and liabilities in different situations. The assignment covers issues like the enforcement of contract terms, the responsibilities of parties in a contract, and the application of laws like the Victorian Sale of Goods Act. Each problem presents a specific scenario, requiring the application of legal principles to determine outcomes and potential legal actions. The cases involve breach of contract, counteroffers, formation of contract, and the responsibilities of service providers and buyers, providing a comprehensive overview of contract law principles. This assignment provides insights into contract law, legal cases, and real-world scenarios.

Introduction to
Business Law

INTRODUCTION
Business law is the crucial topic which tells that how any of the business is needed to
perform within the market. There are several branches of business law for example: contract law,
intellectual property law, company law etc. Whenever any of the decision is required to be taken
for commercial transactions then base should be of business law as it will guide to take
corrective measures. In present situation, legal consideration are increasing day by day in order
to reduce the percentage of illegal activities within the business organisation which will directly
improve the level of economic condition of the nation.
PROBLEM1
a)
In context of the given case scenario, it was found that Charlie and his sister Ali wants to
enter into the contract where certain clause were included. But, it was Charlie who didn't perform
his work as per the rule and regulations. By looking at this point, it will be important to find that
whether contract which was prepared is legal or not (Mayss and Reed, 2018). Also, it will be
crucial to check that whether in any of the situation the case which is required to filed will be
valid or not.
b)
Whenever this types of cases arises, it is needed to understand that is law relating to this
particular case is valid or not. Is there proper laws and regulation have been followed or not
relating to Contract law. Also, the most important thing which is needed t be considered is that
whenever this types of situation arises it is needed to be checked that is any of the party had the
intention or not to enter into the contract.
c)
Ashton v Pratt [2015] is the case which is relevant to this respective issues. It was the
case where judgement was declared on 16th February, 2015. In this case, the judges decided that
all of the condition is not applicable whenever contract is made between siblings as there is the
relation of family member (Beatty, Samuelson and Abril, 2017). By, it doesn't mean that when
contract is formed to breach. In simple words, the terms and condition were breached by the
business organisation.

d)
The given case was clearly suggesting that Charlie didn't perform his part of work which
falls under the category of breach of contract. In this respective situation, Ali will able to Charlie
and even court will declare the decision in favour of Ali. In short, Charlie will have to
compensate Ali because she was the one who has to suffer just because of opening of new store
in the area of 2 km.
PROBLEM 2
a)
The scenario of the case says that Nick want the tight security at the time of conducting
the program within the university but it was found that he wants a senior police officer who can
look after the party. Here, both of the them agreed to do patrolling in consideration of money.
But, Nick denied to pay after the end of party. The main thing which is needed to be find is that
whether compensation should be done or not to team of policy.
b)
It was the case where payment was required to be made on the basis of work performed
by the party. The relevant legal rule which can be used in this respective case is related with
intention. The law of Contract says that whenever there is the intention of party to do contract
they are needed to react as per the situation (Mikami, 2016). It is bounded that any of the person
most perform their part of work if terms and condition has not be altered.
c)
The case which suits this respective case is related with Balfour v Balfour where it was
clearly indicated that whenever any of the party tries to enter into the contract their must be the
legal intention and if in any of the condition there is no legal intention then problem may arise. It
is said that contract can only be completed successfully if there is valid intention of the party.
d)
As per the above scenario, if police department sues Nick then in that respective situation
Nick will not succeed in that respective situation. Because, department of policy was offering
free services of patrolling but Nick was the one who wants the officer to check the security
where they had demanded $1000 which is a valid points in the case. Here, Nick will have to pay
the department of policy.

PROBLEM 3
a)
The case was about disagreeing on the terms and condition on the offer made. The main
thing which was needed to be focused in the case is that whether Mike has the responsibility to
pay Helen or not (Lee, 2017). Although, Mike as worked as per the counter offer made by Helen.
b)
According to the particular situation of the case, it was found that Helen is not
performing as per the requirement of law. Here, rules regarding certainty of work performed will
be applied. Rule of certainty says the second party can only perform their part of work in the
situation where first party have completed the terms and condition.
c)
Talking about the similar case, Beaton v McDivitt (1987) 13 NSWLR 162 is the one. In
this case it was decided that as if one party complete their part of work then in that respective
situation another party will not have the option to deny on the agreed terms and condition.
Looking at the situation of the case, the decision which has been taken by Helen is totally against
the terms and condition of agreement (James and Thomas, 2019).
d)
No, if in any of the circumstance Helen sues Mike for the breach of contract then in that
respective situation Helen will not succeed in the case. Also, Helen will have to ensure that she
will not ask for the remaining amount of money because counter offer was made by the Helen on
which Mike had agreed and completed the terms and condition.
PROBLEM 4
a)
The matter in this case which is needed to be seen is that whether company has the right
to prepare own rules and regulation which directly or indirectly contradict the main law. Here,
Lizzie was force to pay the additional charges for DVD which she kept for additional 8 days. The
main thing which is needed to be checked is that whether DVD shop has the right to charge
additional (Beatty, Samuelson and Abril, 2018).

b)
As per the scenario of case, the right legal rule which can be applied in this case is that
Formation of contract can be made without considering the rules and regulation of law or not.
But according to legal terminology, any of the party will not be able to commence any of those
rules and regulation which contradict the law and term passed by the statutory body. If in any of
the situation this sort of activity will be performed then those terms and condition will not be
valid.
c)
One of the case where similarity can be found with the given case is Hart v O' Connor. It
was the case where O' Connor prepare the plans and policies for their employees which doesn't
matches with employment law (Bowley, 2019). By looking at the situation, judges decided that
Hart will not be charged for any of mistake because formation of Article of Association was not
correct as it was against the terms and condition of law.
d) Based on this information, if The DVD store sues Lizzie for breach of contract (common law),
will the store win in court? What is your answer – yes? or no? Explain your answer.
By taking the reference of above case, it can simply be said that the DVD store will win
the case but in this respective situation the DVD industry says the if delayed has been done to
provide the DVD back on time. Then, in this particular situation $5 will be charged for per week.
Looking at this respective situation Lizzie will be bound to pay only $10 in this respective
situation.
PROBLEM 5
a) What is the main problem in the case that is needed to be considered?
The main issues that must be considered in the case is related with the formation of terms
and condition. It is required to check that whenever any of the person form the laws and policies
does they have the right to form those condition which doesn't make any of the sense or against
the law (Abril, 2016). In addition, who has the responsibility to read the terms and condition
before entering into the contract.
b) What are the relevant legal rules relating to this problem?
The legal relevant law which is needed to be focused is whenever any of the services are
being availed by the person they are required to read the terms and condition of the law. The law

simply explains that whenever any of the person purchases any of the product they must be
aware and in addition, it is the duty to seller that they must provide the relevant information
about the services which they are offering.
c) What are the main cases related to this problem?
Taking about the case, one of the similar case related to the above given scenario is
Hughes Aircraft Systems International v Air services Australia [1997] FCA 558;(1997) 146 ALR
1. In this respective situation, the judges of the court decided that whenever any of the air
company deals with their customers they are required to provide all of the relevant information
and services which they are going to provide (Lin and Ewing-Chow, 2016).
d) Based on this information, if Tori sued the dry cleaners for the destruction of her dress would
she win in court? What is your answer – yes? or no?
Yes, if in any of the situation case is filed against the dry cleaner then in that respective
Tori will win it. Firstly, it was the duty of dry cleaner to provide relevant information that what
can be outcome if any of the further damage occurs (If your clothes have been lost or damaged
by a dry cleaner, 2019). Secondly, it was the duty of dry cleaner to take care of the cloths which
has been given to them. Here, the dry cleaner will have to compensate Tori for not taking care of
the product which has been given to them.
PROBLEM 6
a) What is the issue you need to consider?
In this respective case, it was found that Sandra is pointing out the mistake of Mr. Smith
because he suggested Sandra to buy which type of copier so that any of the work can be
performed as per the requirement. Now, it is necessary to check whether Mr. Smith will be held
liable or not just because he was the person to advice Sandra.
b) What are the relevant sections of the Victorian Sale of Goods Act?
As per the guidelines of Victorian Sales of Goods Act, 1958 it can be said that whenever
any of the person purchases any of the product from any place, it is their obligation that they
must check and meet out the their personal requirement. This explanation has been discussed in
the first part of second division under Goods Act, 1958. If any in any of the situation customers
doesn't focus on the product at the time of purchasing then it will be the default of purchaser
(Goods Act, 1958).

c) What are the main cases related to this problem?
There are number of cases which has been declared by the court that whenever any of the
cases if filed related to Goods Act, the judgement of court always remain same that it is the
obligation of buyer to give proper focus on the product which they purchase. Similarity, Petelin v
Cullen (1975) 132 CLR 355 (High Court), was also the case where court room decided that
buyer must have checked the product before buying. They are not allowed to point out any of the
issue at the one who has given the advice.
d) Based on this information, Does Sandra have any rights against Smith’s?
Looking at the above circumstances, it can be understood very easily that in any of the
situation Sandra will not be able to file any of the case against Mr Smith. But, if in any of the
situation they does the same then Sandra will not succeed as decision will be declared in the
favour of Mr. Smith.
CONCLUSION
In simple words, the above mentioned file wants to explain that business law plays the
crucial role and it becomes very important for the organisation to work according to the
guidelines. Even it is necessary to understand that whenever in any of the situation contract are
being formed then in that particular situation it become crucial to work according to the
guidelines. If any of the person fails to do so then in that particular situation legal action can be
taken upon the party. The party which breaches the terms and condition will have to compensate
the innocent party as they are the one who has to suffer just because of contractor party.

REFERENCES
Books & Journals
Beatty, J. F., Samuelson, S.S. and Abril, P.S., 2017. Business law and the legal environment.
Cengage Learning.
Mikami, K., 2016. Cooperatives, transferable shares, and a unified business law. Annals of
Public and Cooperative Economics. 87(3). pp.365-390.
James, N. and Thomas, T., 2019. Business law. John Wiley & Sons.
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Essentials of Business Law. Cengage
Learning.
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.
Mayss, A. and Reed, A., 2018. European Business Litigation. Routledge.
Lee, S., 2017. The Possibility of the Introduction of Business-to-Business Unfair Trading
Practices Regulation in EU Law. LL. M. Dissertation, Faculty of Law, Eötvös Loránd
University.
Bowley, R., 2019. Enabling law students to understand business concepts: reflections on
developing a business case study for corporate law. The Law Teacher. pp.1-25.
Abril, P. S., 2016. Reimagining the Group Project for the Business Law Classroom. J. Legal
Stud. Educ. 33. p.235.
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>