Question
Hopwood Investments Ltd is a large Western Australian company, which owns and operates many hotel and restaurants throughout Australia. GastroFood Ltd, a food and catering
Hopwood Investments Ltd is a large Western Australian company, which owns and operates many hotel and restaurants throughout Australia.
GastroFood Ltd, a food and catering business whose headquarters are in Sydney, supplies goods commonly used by businesses, such as Hopwood Investments Ltd.
On September 1, 2015, GastroFood Ltd sent an email to Hopwood Investments Ltd, which read:
"Can offer latest 'Speedy Rice Cookers' at $100 each."
On October 1, 2015, Hopwood Investments Ltd emailed a reply stating: "Will have fifty. Need delivery by November 1, 2015."
Upon receiving the email GastroFood Ltd. then emailed back to Hopwood Investments Ltd. saying "thank you for your email which is receiving our attention".
Subsequently and prior to November 1, 2015, GastroFood Ltd packed the rice cookers and loaded them on a van for delivery to Hopwood Investments Ltd. But before the van set out, Hopwood Investments Ltd phoned GastroFood Ltd. to say that they no longer needed the rice cookers.
Gastrofoods are considering a breach of contract action to force Harwood Investments to take delivery of the rice cookers.
You have been engaged by the Directors of Gastrofood Ltd., who are involved in a business dispute with a company called Hopwood Investments. They would like you to advise them as to any potential liability or actions under contract law, arising as a result of the information in the Contract Dispute case study. Ensure that relevant case law and statutes/regulations are mentioned in your advice.
Using a model, like the IRAC model, discuss the legal position of Gastrofoods and Hopwood Investments in relation to the law of contract. Use case references to support your answer.
Explain clearly who, in your opinion, would succeed if Gastrofoods went ahead with their threat to sue Harwood Investments for breach of contract.
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