Question
Businesses should exercise great caution when taking clients out to informal environments for the purpose of discussing business deals. As seen in the English case
Businesses should exercise great caution when taking clients out to informal environments for the
purpose of discussing business deals. As seen in the English case of Blue v Ashley, the Court was very
critical of the fact that two intelligent men of business, would go to a pub, become severely intoxicated
and purport to strike a multi-million dollar deal, on the basis of a verbal agreement and a handshake.
Essay question: Do you agree with the judge's criticism and ultimate ruling in the case?
Required: Explain the legal rules for creating a legally binding contract. You must refer to relevant law
each time you state a new legal rule. Then, in light of these rules, critically analyse the conduct of
these two businessmen which led to the judge's decision in the case. Tip: Use sub-headings to
separate your arguments for each element. In your conclusion, give a clear answer to the essay
question above and provide a brief summary of your main arguments.
Q2 - 10 marks
On 1 January, Manor Inn Pty Ltd bought a house for the purpose of turning it into a luxury rental
property. River Renovations Pty Ltd was hired to carry out all the building and construction work at a
contract price of $300,000. During negotiation, Manor Inn made it clear that all building work had to be
finished by the end of November of the same year, since it had already taken Christmas holiday
reservations totalling $50,000 starting on 1 December.
Due to poor planning by River Renovations, only half of the repairs were completed on 30 November,
and Manor Inn Pty Ltd was forced to cancel, and issue refunds for all its Christmas holiday bookings..
which in turn, caused Manor Inn to lose out on a business deal worth an estimated $750,000 with
Tourism New South Wales. River Renovations Pty Ltd was not aware of this deal at the time it signed the
contract.
Essay question: Is River Renovations Pty Ltd liable for either of Manor Inn Pty Ltd's financial losses?
Required: Discuss whether the completion date was a condition in the contract, and if so, the likely
consequences for this breach. Then, discuss whether River Renovations Pty Ltd should pay
compensation for the cancelled reservations; and/ or, whether it should pay compensation for the
loss of the deal with Tourism NSW. You must refer to law
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