Question
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:
Imagine that Jack has to deliver goods to Mac's warehouse pursuant to a written contract, with no specified time for delivery. Imagine further that, after waiting a number of weeks for the goods to arrive, Mac terminates the contract for 'Jack's unreasonable delay and breach of contract'. Imagine finally that Jack sues Mac for damages on the basis that Mac's termination is 'an unlawful repudiation of the contract'.
a) How would a court decide each of the following?
i. The kind of term that has been breached.
ii. Whether the delay by Jack is unreasonable.
b) Explain whether it would make a difference if the contract had expressed a stipulated time for delivery, with 'time of the essence'?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started