standard form contract
Lewis advertised his Cooper mini for sale. Greg posed as Brad Pitt and persuaded Lewis to take a cheque as full payment and to let him take the car away on the faith of a false studio pass bearing his photo. The cheque turned out to be stolen. Is the contract between Lewis and Greg void for mistake? Greg sold the car to an innocent buyer. Who gets the car? The defrauded seller, or the innocent buyer?
What is a standard form contract? What is the significance of the extensive use of this type of contract in modern commerce?
Spend about a half and hour or so searching the internet to see what you can find about the Australian Consumer Law, in particular provisions about misleading or deceptive conduct, unconscionable conduct and the unfair contract terms provisions. Which of these do you think offers the most protection to parties who may be treated unfairly in contracting arrangements?
A and B run a coaching college specialising in efficient business practices. They sell their business under a contract under which they agree that they will not set up a similar business within a radius of 100 km for five years. Is this restraint of trade legal?
Latimer Chapter 6 (Start of Chapter through Exclusion clauses)
What is the difference between a term and a representation? Why is it necessary to know the difference?
Explain the difference between a condition and a warranty. What are the consequences for breach of (a) a condition; and (b) a warranty? What is an innominate term?
Jeana and Mary are sisters who attend Griffith and Bond. They had some success together as rap poets when they attended Marymount College, and have been offered a recording contract with Bob’s Best Rap and Stuff. To start off they agree to work on a week-long intensive recording session, and sign an agreement with Bob. Jeana doesn’t turn up until the third day of the recording sessions, but the sessions go well after that and they distribute some of the recordings, one of which turns out to be a huge hit. Bob refuses to pay Jeana her percentage of the profit because she didn’t turn up on time to the sessions. As the money starts to roll in and Mary decides to record on her own,Jeana tells Mary she can’t because they had a verbal agreement that they would work together and share all income from their rap poetry 50/50. To make matters worse, Bob demands a share because in their early discussions, Jeana and Mary had told Bob that if he helped them launch a viable career with their rap poetry, they would pay him 1% of their income for the next 5 years. Jeana knows you are taking business law and asks you for your opinion. Please identify the legal issues here and advise Jeana.
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