Please note that additional resources should and can be accessed in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources mentioned at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as Your answer should mention other cases in the analysis of the set case.
The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies. This structure requires you to set out clearly and in an organised way these matters arising from the court’s decision:
-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here?
-Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue.
-Apply the relevant law to the facts. Explain how the court applied the relevant law.
-Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party.
Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold her business to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of imported French jewellery anywhere in Australia for a period of two years. One year after selling the business Lisa established a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforce the contractual promise against Lisa?
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