Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Aidan owns a computer business. He agrees to sell the business to his older brother Tom for $63,000. After each seeks legal advice, a
Aidan owns a computer business. He agrees to sell the business to his older brother Tom for $63,000. After each seeks legal advice, a formal written agreement is drawn up. The agreement contains a clause wherein Aidan agrees not to open another computer shop within 4 kilometres of the one he has just sold to Tom. After six months, however, Aidan opens another computer shop just two kilometres away. Tom wants to sue Aidan for a breach of contract but fears there was no intention to enter legal relations because they are brothers. Ignore any restraint of trade issues in your answer a) What is the issue you need to consider? (1mark) b) What are the relevant legal rules relating to this problem? (1.5 marks) c) Name (with full case citation) two relevant cases. (1.5 marks) d) What is your answer? (3 marks) - Will Tom win (Yes or No) - Explain your reason.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
a The issue that needs to be considered is whether the agreement between Aidan and Tom constitutes a legally enforceable contract b The relevant legal ...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started