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Question 4 Part 1 Contract Law (a) Alex runs an art gallery. Last Friday, Bill saw a painting displayed with a price tag of $1,500.
Question 4 Part 1 Contract Law (a) Alex runs an art gallery. Last Friday, Bill saw a painting displayed with a price tag of $1,500. Bill immediately told Alex that he wanted to buy the painting for the indicated amount. Upon checking, Alex told Bill that there had been a mistake. The correct price of the painting was $5, 100. Alex corrected the price tag and said that he could only sell the painting for 15,100. Bill did not want to buy the painting for $5,100 and insisted that he was entitled to get the painting at the lower price of $1,500. Alex refused. Required: Explain whether Alex is obliged to sell the painting to Bill at the price of $1,500. (b) After Bill left the art gallery, Daniel entered. Alex offered to sell him the painting for $5,100. Daniel accepted under the condition that he would be able to arrange finance within two days. Alex then stated that he would sell the painting to another customer if anyone else came to buy the painting before Monday. Required: Explain whether there is a valid contract for Daniel to sell the painting to Alex for $5, 100 by Monday. (c) Daniel did not return on Monday. On Tuesday, a new customer, Luis visited the gallery. Luis offered to purchase this painting at the price of $5, 100. Luis said that he would return the next day to pay $5, 100 and collect the painting Alex told Luis that the refund period is 28 days. Luis agreed with the refund policy. On Wednesday, Luis did come to the gallery to pay the $5, 100 and collect the painting. Required: Explain whether there is a valid contract between Alex and Luis to sell the painting for $5, 100. In your answer, explain how the agreement between Alex and Luis meets (or does not meet) the five requirements of a valid contract.Part 2 Employment Law (a) Employers are allowed to dismiss employees on fair grounds. However, employees have the right to not be unfairly dismissed. Hence, employees will be able to take legal action if they have been unfairly dismissed. The types of dismissal you have learned about include: fair dismissal, unfair dismissal, wrongful dismissal, constructive dismissal and summary dismissal. Required: Examine the below scenarios and explain what type of dismissal is shown in each. Emma, a university lecturer, is a member of the University and College Union (UCU). She recently has been dismissed for taking part in strike and marking and assessment boycott organised by the UCU. (ii) Max, a tax advisor, works at an accountancy firm. He is entitled to be given two months' notice. However, his employer dismisses him with one month's notice, and gives him no reason for the dismissal. (ii) Anna, a cashier, works at the local supermarket. Her contract states that her working hours are from 8 a.m. to 3 p.m. One day, her line manager asks her to change to the evening shift from 3 p.m. to 10 p.m. Anna refuses. She has young children and needs to take care of them after school hours. Her line manager insists that Anna must do evening shifts and tells Anna: 'If you cannot do evening shifts, you should leave.' Anna has no choice but to resign. (iv) Sam, a sales assistant, worked at a Juice bar company. Lately, he behaved aggressively towards colleagues and customers. One day, he even physically attacked a customer. This is unacceptable behaviour that damaged the company's reputation and caused the company to lose some customers. Subsequently, he was dismissed without notice. (b) Give two reasons why the difference between being employed or self- employed is important for the person who is either classified as an employee or a self-employed contractor
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