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:

In August last year Dino and Maria completed the sale of their 'Venice on a Plate' restaurant in Leichhardt to Luca. Clause 22 of the contract for sale of business stipulated that Dino and Maria could not open or work in 'any restaurant serving any style of Italian food' within 25 kilometres of the Leichhardt shop for a period of 5 years. 3 Before the contract was signed, Maria said to Luca: 'Clause 22 is no good. We only have experience with cooking food. We have to work.' Luca assures them: 'Don't worry. My lawyer put that in. I don't care if you cook southern Italian cuisine. I am only interested in northern Italian food. That is the best food!' Dino and Maria sign the contract. Two weeks ago, a sign went up at empty shop premises in Haberfield approximately one kilometre from Luca's restaurant. The sign said that Dino and Maria would be opening a new restaurant to be named 'Southern Italian Delights' in those premises in three months' time.

Dino and Maria seek your advice about the following:

a) Whether, and on what basis, Luca could prevent them from opening their new restaurant on the proposed site. (Refer to general law principles and statute)

b) Whether Luca's assurance has any legal validity.