Question
This Problem based letter of advice using IRAC methodology Scenario You are employed by Events Management Ltd in the business acquisition and development department. Events
This Problem based letter of advice using IRAC methodology
Scenario
You are employed by Events Management Ltd in the business acquisition and development department. Events Management has been going through a heavy acquisition phase over recent months. During this time you have been working closely with your departmental manager Samantha on the potential acquisition of Rigby Corporate Function Planners Pty Ltd.
As part of this process a number of emails have been exchanged between the parties which have resulted in the following key points being agreed to:
A purchase price of $750,000 has been agreed, The owner / managing director of Rigby Corporate Function Planners will stay on in a consultative role for a period of 12 months, the terms of which will be contained in a separate agreement, The date of business transition will be 1st July 2023, and All plant, equipment and staff will be transferred to Events Management on the transition date. A number of items had yet to be agreed but discussions had taken place, these included:
Transition of staff leave liabilities, Transfer of intellectual property, and the Mechanism for informing Rigby Corporate Function Planners major clients. As at todays date a rough draft of a contract had been prepared by Events Management but had not been forwarded to Rigby Corporate Function Planners for review.
Samantha has just informed you via email that the Managing Director of Rigby Corporate Function Planners has just emailed to advise that they will be withdrawing from the proposed business sale. Samantha explains that your company has spent considerable time and resources on this acquisition and wants to know what legal options may exist to force the conclusion of the sale.
You are required to write a letter of advice for Samantha to present to your companys CEO. This advice needs to consider the following:
Does a contract exist? If not does the negotiations conducted provide sufficient certainty for a court to conclude that a contract did exist? Your answer to part A should include references to the key contract formation principles including appropriate case law and be approximately 1,000 words. Part B should include reference to relevant case law and be approximately 500 words.
Your memorandum should be properly referenced and include a reference list.
Instructions
Read the hypothetical scenario. Answer each of the components of Samanthas request. Use relevant cases and if relevant legislation to support your answer. Your answer should use citations and be formatted in accordance with the AGLC. Footnotes do not count towards overall word count. Assessment criteria. follow this below critera
Demonstrated understanding of relevant legal principles. Use of relevant case law and legislation to support conclusions. Articulation of clear conclusions and advice as required. General quality and clarity of written communication.
Write this task using reference and also use citation as required. This task must contain 1500 words. Also provide the link that you use as an reference. Use julie clark law only as an refernce. Also use the format of business letter of griffith university to this task.
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