Tom signs up for a Netflix subscription but does not read the terms and the conditions online. During the pandemic he shares the subscription with his friends and his family.

One day he receives an email notification that his actions are in breach of the terms and conditions of the agreement with Netflix. He has been paying his subscription diligently and has been in receipt of a premium plus subscription for the entire duration of the contract. He only signed up for the standard subscription but received the premium plus addition by accident. Premium plus allows you to share your subscription with family members in the same household only.

The Pandemic was a trying time for everyone, in fact Tom's friend Mary was unable to pay her subscription for a period of time. She thought that the fact Netflix continued to supply her despite claiming financial difficulties, that it would be "Free." Mary calls up Netflix and explains that she had relied on an advertisement which said the first year was "Free". Furthermore, she only joined the service because she felt peer pressured and had a "Fear of Missing Out".

1. Advise Tom whether the online agreement is enforceable in contract law and how he could be persuasive using contract law principles and any vitiating factors to ensure that he is not in breach of contract.
2. Separately advise Mary as to her rights with respect to breach of her contract and what vitiating factors may be available to her.