Contract: Provision of marketing services Parties: BTF Business Planners Pty Ltd and MKF Marketing Masters Ltd The parties agree to the following terms: 1. MKF Marketing Masters Ltd will provide marketing services for the business of BTF Business Planners Pty Ltd from 1 January 2022 to 30 June 2022. 2. The cost for these marketing services will be based on the usual charges of MKF Marketing Masters Ltd from time to time, and invoices will be sent to BTF Business Planners Pty Ltd at the end of each month. 3. The marketing duties to be performed by MKF Marketing Masters Ltd are market research, marketing campaign planning, and social media marketing, according to the needs of BTF Business Planners Pty Ltd that are communicated to MKF Marketing Masters Ltd within the marketing services period from time to time. 4. Either party may terminate this contract before its expiry by the provision of two months' notice. [Please assume that this written contract has been signed by duly authorised representatives of both parties.] ---

Questions for discussion: Briefly consider how this contract was formed: what would constitute the offer and the acceptance?

What additional information do you need to know in order to provide a definitive answer to this question?

Summarise the terms of the contract. Where are they contained?

We don't have any information about any oral statements that were made during the negotiations, but if there were any, under what circumstances might they form part of the contract? Can BTF Business Planners Pty Ltd ask MKF Marketing Masters Ltd to prepare television and radio advertisements, pursuant to the terms of the contract? Why or why not? If not, are MKF Marketing Masters Ltd prohibited from undertaking that work at BTF Business Planners Pty Ltd's request?

Under what circumstances can the contract be terminated pursuant to the terms of the contract itself?

Could BTF Business Planners Pty Ltd effectively use this termination right if it decided that it wanted to terminate the contract at a board meeting held on 1 June 2022?

Because of an administrative error, MKF Marketing Masters Ltd does not send an invoice to BTF Business Planners Pty Ltd at the end of March 2022. Is this a breach of contract?

Can BTF Business Planners Pty Ltd terminate the contract as a result?

Can BTF Business Planners Pty Ltd claim damages as a result?

Because of staff shortages, MKF Marketing Masters Ltd is temporarily unable to provide marketing services to BTF Business Planners Pty Ltd for a one week period in February 2022. Is this a breach of contract?

Can BTF Business Planners Pty Ltd terminate the contract as a result?

What if the inability to provide marketing services lasted for four months instead of one week?