Fall 2019 BUS2010 Contract Law Analysis: Shawna & Shaddy Cases

This assignment analyzes two contract law cases, Shawna and Shaddy, based on the provided brief. The analysis focuses on the major elements of a contract, breach of contract, and misrepresentation. The first case involves Shawna, who was overcharged for software and considers legal action against the Compact company for misrepresentation and consumer exploitation. The second case involves Shaddy, who purchased software that did not function correctly and may involve questions of legality due to copyright issues. The assignment discusses potential legal remedies for both cases, referencing relevant contract law and consumer protection laws. The student has provided a detailed examination of the legal principles and their application to the given scenarios, offering insights into the validity of the contracts and potential outcomes if the cases were taken to court.

Running head: Contract Law 1
Contract Law
Student By (Name)
Date

CONTRACT LAW 2
PART ONE
5.
Based on the major elements of a contract and the contract law, it can be noted that
Shawna got into a valid contract with the Compact company. However, she has been
overcharged thereby purchasing a software that should not be more than $200 at $750. As a
result, she might decide to take Compact company to court for misrepresentation of their prices
and customer exploitation or she might decide to cancel the contract and ask for a refund or she
might decide to request the company for the $500 extra cash in coming up with a new contract.
If she takes the matter to court, she is likely to be successful basing her case on breach of
Contract law amongst other Consumer Protection Laws. In this case she will be the plaintiff
while Compact Company will be the defendant. In a contract, a breach might occur in the case of
misrepresentation which entails presentation of wrong information whether intentional or not.
This is because misrepresentation limits genuine consent in a contract (Beale, Fauvarque,
Rutgers & Vogenauer, 2019). Misrepresentation of prices as in this case, overpricing and fraud,
goes against consumer protection law since this is an indication of consumer exploitation which
is against the law (Waddams, 2010) She therefore is likely to seek remedies that come from
breach of contract between her and Compact company.
6.
The case of Shaddy spurs controversy that makes it a little bit complicated. On one side it
can be noted that Shaddy got into a contract and most of the elements of a contract are present.
This makes the purchase of the software valid entailing the failure of Compact disk by providing
a software that is not working. The company has failed to fulfill the terms of the contract as
required in the contract making process, in addition they have provided false information

CONTRACT LAW 3
regarding their product making its use costlier as it has been seen since the downloading prices
doubled. In a case such as this Shaddy would be greatly benefitted if he filed a case in court
because his purchasing fee together with extra compensations would be returned (Chen-Wishart,
2012).
The above process could have been swift and easy if not for the second aspect that
questions the validity of their contract in the first place. One key aspects of a valid contract
require that the business in question be in support of the existing laws (Poole, 2016). This means
that the software that was purchased by Shaddy should be legal in terms of licensing and
copyright. Otherwise if the existence of the software goes against the law then the contract would
not be valid. In this case Shaddy purchased a software that is supposed to freely download
propriety songs rendering the software illegal.
In conclusion, Shaddy should sue Compact company in court on the basis of
misinterpretation and contract breach between him and the company. If asked on the legality of
the software, he should let Compact company explain the dynamics around the software.

CONTRACT LAW 4
Reference
Beale, H., Fauvarque-Cosson, B., Rutgers, J., & Vogenauer, S. (2019). Cases, materials and text
on contract law. Bloomsbury Publishing.
Chen-Wishart, M. (2012). Contract law. Oxford University Press.
Poole, J. (2016). Textbook on contract law. Oxford University Press.
Waddams, S. M. (2010). The law of contracts (pp. 397-545). Aurora: Canada Law Book.

CONTRACT LAW 5