Question
Q7. Heidi has been a client for some years, operating a traditional retail business. She has now made the decision to operate online as well
Q7. Heidi has been a client for some years, operating a traditional retail business. She has now made the decision to operate online as well and seeks your advise as to undertaking online transactions. Heidi has the following quesitons: (a) when Making an offer over a website, to whom is the offer being made? (b) With what legal requirements must Heidi comply?
Q9. In January, Freddie and Brian were negotiating via email for the sale and purchase of a shipment of sporting equipment. Both parties had confirmed that all business would be conducted through their respective email addresses. Freddie sent a final offer to Brain's email address on 21 Janurary stating that th eoffer would colse at 5pm 23 January. Freddie recevied no reply from Brian and on 25 January sold the shipment to another customer. Brian emailed Freddie on 28 January accepting the offer and apologising for the dealy explaining that he haad been out of the office at the Adeliade Tour Down Under and had not seen the offer. Freddie explains that ha has already sold the shipment to another customer. Brian replies he had no right to do so. What are the issues raised by these circumstances? Did Freddie behave legally? Would your answer be different if the parties had not confirmed that all business would be conducted through their respective email. addresses?
Q21 Lucy is a fashion desinger and rival of fellow designer Aspara. Aspara's designs are becoming extremely successful and popular, under the trademark Aspara and Lucy is concerned her next step will be to sell online. Lucy already trades online but now wants to purchase another domain name Aspara.com with the intent of delaying Aspara's success by making Aspara buy the domain name from her or by diverting sales to her own label's website. Discuss the issues raised by these circumstances.
Q11 Debra is prominent collector and ealer of Star Wars merchandise. Debra has been appointed as Raymond's agent to purchase 30 pieces of Star Wars merchandise by December of this year. Raymond is very concerned to keep the fact that he is increasing his collection confidential as he considers it may affect the price of items he is seeking to purchase. Debra accepts the agency, but in negotiating the first three sales she becomes chatty with the seller and tells him all about Raymons's plans to increase his Star Wars collection. Debra soon becomes exceptionally busy with othr matters, including her own collection. Consequently, to complerte the required purchases for Raymond, Debra sends her assistant to several auctions an dprivate sales to purcahse items on Raymond's behalf. Moreover, as December approaches, Debra decides that as she has yet to obtain all of the 30 items required by Raymond, she will make up th ebalance from items from her own collection which she has been intending to sell. Debra decides that given Raymond's obvious wealth, she will add another 20% to the price she would normally have asked for the items. Also, to save time, Debra places the money her principal has given her into her own account and decides she will draw up the necessary accounts when all the transactions have been completed. Identify and describe five ways in which Debra is in breach of her common law duties as an agent.
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