CONTRACT LAW CASE STUDY

Richard has a specialist car dealership. He buys old cars, refurbishes them and then sells them. He also hires out cars.

Richard is restoring an old jeep. It requires a special type of shock-absorber to enable it to travel over rough ground. Richard phones Shocks Are Us. He says to Emma, the manager: "I need four shock absorbers which can be used for off-road driving" Emma consults a brochure published by the shock absorber manufacturer and "Says the D200 shock absorber can be used for off-road driving.". Richard then agrees to buy four D200 shock absorbers for $ 120 each. When he installs them on the jeep and takes it for a test drive over rough country, the shock absorbers give way and the jeep crashes down, causing $ 2 000 worth of damage to its body. It turns out that when Emma gave Richard the information over the phone, she had been looking at the wrong page of the brochure. Had she looked at the correct page, she would have seen that the D200 is not suitable for off-road driving.

Richard operates his business from a premises which he has leased from George for $ 5 000 per month since January 2016. The lease specifies that the rent is to be paid to George every six months and that it will increase every year by 10%. Richard pays George $ 30 000 in June 2016 and December 2016, but then tells George that he is having financial difficulties and needs every dollar he can to buy equipment. George says "OK, I will let you off paying the increase this year". Richard is pleased with this, and uses the money he would have had to spend on the rent increase to buy new tools. In June 2017, Richard pays $ 30 000 to George, but George contacts him demanding an additional $ 3 000. When Richard refers to their earlier conversation, George says "Whatever I said, the lease you signed specifies that the rent will go up by 10% each year".

Tom is a collector of vintage cars. He sees that Richard has a 1979 Mercedes 450SEL for sale on his website, priced at $ 20 000. Tom sends Richard an email saying "I offer to buy the 1979 Mercedes 450SEL for $ 18 500". Richard sends an email back saying "Sorry, that is not enough, but I will sell it to you for $ 19 000". Tom sends an email back saying "No, I can't pay that". Richard then sends an email saying "OK, I accept your original offer of $ 18 500", but when he brings the car to Tom's house, Tom refuses to accept it or to pay the money.

When Richard goes on holiday, Martin looks after his car lot. Martin doesn't have a car. However, a friend of Martin's is about to visit town and he wants to be able to drive her around. Martin goes to Richard and says "Can I hire one of your cars?" Richard says "The usual price is $ 50 per day, but because you looked after my car lot in August, you can hire it at no cost. You can pick it up on Monday". Martin is very pleased and readily agrees, but when he comes to pick up the car, Richard says that he has hired it out to a customer. Martin says that Richard has breached their agreement.

Advise Richard of his legal position in relation to each of these four scenarios. You should assume that all facts given would be provable if the matters came to court. You should also assume that when any of the people mentioned conduct business, they do so as sole traders, not through corporations.

OTHER;

1. __________________ Provides that persons cannot be held accountable for a criminal act if they have a mental disease or defect that results in their inability either to appreciate the fact that the act is wrong or to conform their conduct to the law.
2. __________________ One who commits a trespass.
3. __________________ A defense stating that a defendant would not have committed a criminal act if he or she had possessed accurate knowledge of the law or the facts.
4. __________________ In criminal law, a condition in which an individual is coerced or induced by the wrongful act of another to commit a criminal act. May be used as a defense.
5. __________________ Condition in which an act, though criminal in other circumstances, may not be considered criminal because of the compelling force of the circumstances.
6. __________________ Evidence showing that, on the whole, it supports the fact in question. This burden of proof in a civil case is less than the criminal standard of beyond a reasonable doubt.
7. __________________ An assumption of a fact based on other facts.
8. __________________ A presumption that may be refuted by evidence.
9. __________________ A test for insanity stating that an accused cannot be found guilty for a criminal act if he or she is unable to control the actions leading to a crime even though the accused may have known the act was wrong.
10. __________________ Stress that occurs after forced sex. Now considered a posttraumatic stress disorder. Evidence of the syndrome is permitted in an increasing number of courts.
11. __________________ A term applied to people who kill someone else, often at that person's request, because of a terminal illness, considerable pain, or a debilitating handicap.
12. __________________ The condition that exists when a person consumes alcohol or other drugs to the extent that his or her mental or physical abilities are significantly affected.
13. __________________ Intoxication without choice or will, for example, when someone slips drugs into the food or drink of an unsuspecting person.
14. __________________ A disorder that some women experience after giving birth.