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THE ASSIGNMENT Read the scenario below and then apply the laws of contract to complete the tasks in bold italics at the bottom. Brodie is the owner and sole trader of a small business buying and selling rare second-hand books to other dealers (but not to consumers). Recently, several issues have come up between Brodie and others, and he has come to you for advice. A few weeks ago Brodie got a phone call from fellow book dealer Keira, who was interested in buying a complete 1955 vintage hardback set of The Lord of the Rings, signed by the author JRR Tolkien. Keira seemed in a hurry to do a deal, offering Brodie 3000. Keira also insisted that the books had to be delivered to her by the following Tuesday, and Brodie agreed to both these things. Unfortunately due to the Christmas post, the books arrived with Keira on the next Thursday, not the Tuesday. Keira emailed Brodie to tell him that the late delivery was a material breach of contract, and as a result she no longer wanted the books and wanted compensation. Brodie was not sure if he was under any obligation to take the books back, but was prepared to do so and to give Keira a full refund. However, this week Brodie got another email from Keira telling him for the first time that as a result of his breach of contract, she had lost the opportunity to sell the books on to a rich collector from Europe who had only been in Scotland until the Wednesday. The collector had been prepared to pay Keira 20,000, but the sale was lost. As a result, according to Keira, as well as the 3000 refund, Brodie owes her 17,000 in damages, equal to the lost profit from the missed sale. On top of this, two weeks ago Brodie met up with his old school friend Sunil, with whom he shares a love of books. During the conversation Sunil mentioned that he had never read the famous book Slaughterhouse Five by Kurt Vonnegut. As luck would have it, Brodie had a signed first edition copy (worth 6000), so he agreed to lend it to Sunil for a week as long as it was looked after. A week later, Sunil met Brodie and confessed that by mistake, Sunil's mum had donated the book to a charity shop, and it had now been sold to Logan for 5. Then two days ago, Brodie got a text message from Helen, a great fan of the writer Jane Austen. They had this exchange of messages: H: Hi Brodie, | see from your website you have a late 19" century copy of Pride and Prejudice I'll give you 2500 for it! B: I do, but it's really just for show. If | sold it, it would need to be for a lot more. H: Well how much would you sell it for? B2084 Business Law 2 B: A decent market price would be 5000 H: | can give you 4000 today B: That's still below the market price, thanks anyway H: Okay, 5000 it is Brodie did not reply to Helen's last message, and yesterday was surprised to see Helen had transferred 5000 into his business bank account. Helen has now been in contact to demand Brodie delivers the book to her, saying it is now her property 'under the contract'. Brodie does not want to pay massive damages to Keira. He also wonders if he can get the Vonnegut book back from Logan. Finally, he does not want to have to hand over his precious Jane Austen book to Helen. Use the laws of contract to advise Brodie. Among other things, your answer should consider: . What if any valid contracts are in place between Brodie and the others; . What legal rights and obligations Brodie and others may have under those contracts; . What remedies may be available to Brodie to resolve each situation. Your answer must be supported by fully referenced legal argument (see further below). (100 marks)

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