Question
Questions; Task:Harry, Liam and Zayn's winery One Direction is going very well. Their wines are popular. They have decided they should offer a home delivery
Questions;
Task:Harry, Liam and Zayn's winery One Direction is going very well. Their wines are popular. They have decided they should offer a home delivery service and have implemented it as part of their business. A number of issues have arisen since they had offered home deliveries.
QUESTION 1 - CONTRACT LAW
They decided they needed to get some special boxes that protect the wine more for delivery. Harry's brother Mike has a printing shop. They give Mike all the details of what they require including that it must be suitable to carry bottles of a certain weight. Mike gives them two options, one for $8,000 and one for $4,000. They question Mike about the boxes for $4,000 and he says "not as good, but should be adequate for what you want". They go ahead with the $4,000 quote and order the boxes.
When the boxes are delivered they were not of the same material and the material utilised is not strong enough to hold two or more bottles.
They want their money back.
Discussing contract law is there a statutory implied term regarding fitness for purpose and discuss any other way they may be able terminate the contract with Harry's brother Mike?
QUESTION 2 - CONTRACT LAW
Mason was employed by One Direction in the cellar door. One Direction have dismissed him as they no longer need him given the home delivery is accounting for a lot of their business. After his dismissal by One Direction, he went to work for a rival wine company BTS about 1 km up the road. Mason's contract with One Direction stated
'within three years after the termination of his engagement and services with the company you will not be in the employment of any firm carrying on or engaged in the same or similar business within 50 km of One Direction cellar door"
Describe the relevant legal test and discuss whether the restraint is enforceable?
You must include at least one legal case in your answer.
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