Question
In early-2023, Mike (aged 35), a baker entered into a contract with his younger cousin Akhil (aged 25) to cater for his upcoming nuptials in
In early-2023, Mike (aged 35), a baker entered into a contract with his younger cousin Akhil (aged 25) to cater for his upcoming nuptials in Sydney, NSW later that year. The contract indicates that the food to be supplied for the wedding will comprise various types of cakes baked for the guests that is, food primarily prepared from flour refined from wheat. The cost will be $10,000 with the cakes all due to be delivered by 3 September 2023, the date of the wedding. A formal written contract was validly signed by both parties and contained all the details of the catering required. Unfortunately, due to supply-chain disruptions occasioned by the war in Ukraine, there is a shortage of wheat and by late July 2023 Mike fears that he will be unable complete the baking of cakes in accordance with the terms of the contract due to the wheat shortage. Nevertheless, Mike also realizes that if the cakes are instead baked from almond meal (i.e. using almond meal sourced from almonds instead of flour sourced from wheat) then Mike could supply all the cakes by the date of the wedding on 3 September. Although almond meal would be more expensive to use than flour (from wheat), Mike believes that the additional cost of baking the cakes from almond meal is likely to be less than the additional damages payment that Akhil would be likely to receive if he sued Mike for breach of contract for failure to supply the original cakes (baked from flour) by the date of the wedding.Consequently, Mike visits Anil on 17 August 2023 and offers to bake his cakes using almond meal (instead of flour) for the same price of $10,000. All the other details of the contract are to remain the same. Mike gives Anil a letter, signed by Mike detailing his offer and asks him to consider it carefully and, if he agrees, to sign the letter and send it back to him by any electronic means of communication. Mike also notes that Akhil may (at Anils discretion) email Mike a scanned copy of the signed letter to MiketheBaker@geemail.com.au. Akhil then considers the offer and is happy to agree as almond meal is healthier, tastier and more exotic than flour and Akhil had only originally chosen the flour-based cakes because they were cheaper than almond meal. Akhil then signs the letter and sends the letter to Mike by clearly photographing it and sending it directly to Mike electronically via whatapp a social media electronic communication platform on which he is able to locate Mike. The whatapp message is received on Mikes mobile phone at 4 pm on Friday 18 August and although Mike actually sees the notification that a message has arrived from Akhil he deliberately does not bother to open or read the message itself as he closes his Bakery early on Fridays (at 3pm) and has resolved not to read any work-related correspondence until the following Monday. In the interim on Saturday 19 August Mike receives a call from his flour supplier that a suitable batch of flour (produced from wheat) has been unexpectedly secured which means that Akhils cakes could be baked on time from flour. Mike quickly writes a letter to Akhil revoking his offer to bake the cakes with almond meal. Mike then signs, scans and sends the letter to Akhil by clearly photographing it and sending it directly to Akhil electronically via facebook messenger a social media electronic communication platform on which he is able to locate Akhils account. Akhil receives the photograph instantly and reads the letter that Mike has sent him. Mike only actually reads Akhils whatapp message after he has opened the bakery again on Monday.Question: Advise Akhil on his legal position under contract law (i.e. his rights and responsibilities under contract law) in relation to any relevant parties. Do NOT apply the statutory provisions of any consumer law in your response.
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