Question
Please advise Vincenzo Franco if he entered in a contract with Scenic Views and if this contract can be invalidated under the principles of Contract
Please advise Vincenzo Franco if he entered in a contract with Scenic Views and if this contract can be invalidated under the principles of Contract Law.
(a) Explain how the ELEMENTS need to be satisfied in order to make a simple contract valid
You will need to address all the essential elements of a contract including (Offer and acceptance, intention and consideration) as well as elements of a valid contract (Capacity, Legality, Genuine Consent - Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability.
You will need to address and explain the methods by which a contract is ended.
You will need to address and explain Remedies available for Vincenzo Franco
Note: You must identify relevant case studies in order to support your legal argument.
(10 marks)
(b) Explain the construction of the contract.
For the purposes of this part you should distinguish between representations and terms.
Explain the importance of a collateral contract and if there was a collateral contract according to this case scenario.
Distinguish between conditions and warranties according to this case scenario
Note: You must address these questions according to the case scenario provided and do not forget to provide relevant cases studies to support your legal argument.
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