Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Sabrina & Co are manufacturers of breakfast cereals. They wish to take advantage of the new trend in low fat diets and produce a new

Sabrina & Co are manufacturers of breakfast cereals. They wish to take advantage of the new trend in low fat diets and produce a new breakfast cereal. Keen on finding a reputable firm to design the packaging for the new cereal Samir, the sole shareholder and managing director of Sabrina & Co, met with the director of a design firm called Dmay Ltd at the latter's office. During the meeting Samir was handed a contract that contained a number of exclusion clauses, including one that purported to absolve Dmay Ltd for all liability howsoever arising. The contract further required Sabrina & Co to pay the entire contractual price of 300,000 within 14 days of signing. Before Samir could read the contract five large security personnel entered the room and locked the door. The director of Dmay Ltd turned to Smair and said he could only leave once he had signed the contract. Fearing immediate physical violence, Samir signed the contract and left. A few days later Samir is contacted by Nelly, the marketing director of Oliver's Monthly magazine. Samir and Nelly belong to the same religious community which believes that an ascended mentor is the sole link to God for their mentees. Nelly is Samir's mentor. Nelly hands Samir an advertising contract that requires Sabrina & Co to pay 3 million for a fullpage advert in Oliver's Monthly magazine to promote the new cereal. Oliver's Monthly magazine's current circulation figures per year are 150 copies and Sabrina & Co need to sell over 10 million boxes of cereals to make the new cereal a success. Afraid of losing his only link to God, Samir signs the contract. Sabrina & Co also enter into a 5-year contract for the supply of bran for the new cereal with Shriya Plc, for a sum of 5 million per annum. Realising they had entered into a bad deal, the directors of Shriya Plc decided to pressurise Sabrina & Co into increasing the price. They therefore sent an email to Sabrina & Co threatening to cancel all further deliveries unless Sabrina & Co signs a new contract, whereby it will pay a sum of 8 million per annuum instead. As there is a worldwide shortage of bran, Sabrina & Co signed the contract. Sabrina & Co started experiencing financial difficulty and Samir decided to raise a loan from BarcWest bank. He offered his matrimonial home as security. He told his wife that the charge was limited to 60,000 and that it was only to last for a few weeks. In fact, the charge was not limited in amount or time. Initially his wife refused to sign but was later persuaded to, as Samir told her that the company would fail if she did not and that would devastate him. Samir's wife agreed to sign the charge. The manager of the bank emailed the documents to Samir's wife to sign, without advising her of the full extent of the liability or advising her to take independent advice before signing. The bank now seeks to enforce the charge. The production of the new cereal is proving far more problematic than Sabrina & Co first thought. Sabrina & Co now seek your advice whether they can withdraw from all the contracts without incurring liability. Moreover, Advise Samir's wife.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Criminal Law Cases And Materials

Authors: Joshua Dressler, Stephen Garvey

9th Edition

1647087708, 978-1647087708

More Books

Students also viewed these Law questions