Question
Case: Antony and Cleopatra Cleopatra wants to buy a load of grapes to make into wine. Antony agrees to supply what is required. Cleopatra inspects
Case:
Antony and Cleopatra Cleopatra wants to buy a load of grapes to make into wine. Antony agrees to supply what is required. Cleopatra inspects one of several of Antony's vineyards in Italy and likes what she sees. She specifies that the grapes should be selected from "those located on Antony's property" and that risk will pass to the buyer on delivery to Cleopatra at her processing plant in Alexandria. Antony accepts these terms. There is an express provision discharging the contract if the grapes are destroyed by hail or go down in a sinking ship. Before they can be harvested, a severe heat wave ripens them too early. The grapes are good for nothing but vinegar. Cleopatra sues for breach of contract and Antony claims the contract is ended due to frustration.
Assignment steps
1. Read through the Antony and Cleopatra case, and write a response to each of the following questions
a. Who is the promisor and promisee?
b. What are the facts - what are they trying to achieve, and what actually happened?
2. Explore the essential elements of a contract - considering the Antony and Cleopatra case, write a response to each of the following questions
a. Do we have consensus? Is there offer and acceptance? Explain
b. Is there an exchange of valuable consideration? Explain.
c. Do the parties have the capacity to enter into contract? Explain.
d. Is there a legal purpose to this contract? Explain.
e. Does the legal idea of intention exist? Explain. Continued >
3. Identify the Terms of the case: a. What are the conditions? b. What are the warranties?
4. What is Cleopatra's position regarding the breach?
5. What is Antony's position regarding the contract being frustrated?
6. What are other options, or mitigation, could be available to both parties? List 3 options.
7. Review the facts and what both parties were trying to achieve. What is the best mutually beneficial solution based on the "reasonable person" test? Provide three reasons for choosing your recommendation.
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