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Jessica is the principal founder of a business consultancy in Melbourne. She works in the business full-time, and her business specialises in helping small to
Jessica is the principal founder of a business consultancy in Melbourne. She works in the business full-time, and her business specialises in helping small to mid-size real estate agencies improving their operations and their market positioning. One Friday afternoon, when Jessica was having drinks with a group of colleagues at a cafe, she was approached by Roy, one of her connections on Linkedln who recognises her from her profile picture. After exchanging pleasantries and talking briefly about their current projects, Roy, who owns a music shop said, his business has experienced some hard times recently as not many people buy musical instruments any more. Despite Roy's industry being outside the scope of her experience, Jessica wants to help Roy to get his business back on track, and suggests that they meet following week to discuss how she could help him When they meet the following Tuesday, Jessica presents Roy with an outline of how he can better market his business in order to increase his clientele. Impressed with her plan, but unsure of how to properly implement it, Roy proposes she provides consultations to him every fortnight for four months. The other terms of the proposal are that Roy will pay Jessica $600 for each of these fortnightly sessions. Wanting to give Jessica time to consider this proposal, Roy requests that Jessica email him to let him know, one way or the other, by the end of the working week. Although she does not need the work, Jessica is excited to be involved in helping Roy because she is not able to showcase her creativity to her clients in real estate industry. She calls Roy the day after their meeting to confirm the details of his proposal. Wanting to have a written record of this arrangement with Roy, Jessica emails him on Thursday evening. In this email to Roy, Jessica recounts the terms of the proposal that were agreed upon, and reaffirms her desire to work with him on the project. A month later, a significant decline in the real estate industry leads Jessica's clients relying on her services more heavily, thus she is unavailable to follow through on the arrangement with Roy. When Jessica communicates this to Roy, he is very angry that he has been left high and dry, and he wants Jessica to return the $1200 he has already paid in order to discharge the contract. When Jessica refuses to accede to his demand and keeps the money, Roy seeks your advice concerning his legal position in these circumstances. Roy knows you are studying the Law of Commerce in Swinburne and seeks your advice. Using ILAC, discuss the elements that required for the formation of a contract. In particular, whether these elements have been met in order for there to be an enforceable contract between Jessica and Roy
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