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PLEASE ANSWER WTHIN 30MIN in respect of the hypothetical scenario addresses the following: (include references) note: it only applies to one of these principles 1.

PLEASE ANSWER WTHIN 30MIN

in respect of the hypothetical scenario addresses the following: (include references)

note: it only applies to one of these principles

1. Capacity

2. The Requirement of Writing

3. Express Terms

4. Implied Terms

5. Construction of Terms and Exclusion Clauses

6. Vitiating Factors (Misrepresentation, Misleading or Deceptive Conduct, Mistake, Duress, Unconscionability, Undue Influence, Unjust Contracts)

7. Discharge (Agreement, Performance, Breach, Frustration) 3

8. Illegality

9. Privity

10. Contract Theory and Contracts in Context

Then address:

a) The legal issue (or issues) in the transaction

b) The legal principles you will use to resolve each issue

c) The application of those legal principles to the facts of each issue

d) The concluding advice you would give in respect of each issue

NOTE: ITS THE ILAC PROCESS

SCENARIO:

Aron enters into an agreement with Baron for the renovation of Aron's art studio. Part of the renovation includes the installation of a separate space to cater for Aron's collection of kinetic sculptures. The plan for the space requires the installation of elaborate piping for the movement of air currents that activate the sculptures. It also involves wiring for the running of certain electromechanical devices that make some of the sculptures move as designed. The total price for the job is $25,000. Baron completes the work but Aron encounters problems with the velocity of the required air currents. This is mostly due to Baron's faulty installation of the pipes. In all other respects, Baron's work is of reasonable standard. Aron's complaints to Baron result in acrimonious 4 exchanges, following which Aron refuses payment. Aron then arranges for the piping defects to be altered in accordance with the specifications. These alterations are competently conducted by Carl for the cost of $7,500, which Aron pays. Baron threatens legal action against Aron for payment of $25,000. One of Aron's lawyer clients tells him that no payment should be made because payment depends on performance and Baron failed to perform his contractual obligations as agreed. Despite this advice, Aron offers Baron $12,500 in full settlement.

Advise Baron whether, and on what basis, he is entitled to any payment at all. Would you advise Baron to accept Aron's offer or to proceed with legal action?

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