Question:
This assignment is designed to assess learning outcomes:
1. Identify and apply the key concepts and principles of contract law enshrined in both common law and statute;
2. Explain the difference between tortious and contractual obligations. Recognise where tort law may provide a remedy in addition to, or instead of, contract law;
3. Explain, with examples, the role of equity in relation to contractual relationships;
4. Identify and comment upon areas of contract law where external factors, such as social policy or business realities, effect changes in the law;
5. Apply knowledge of substantive principles to solve problems, actual or hypothetical, involving contractual scenarios;
6. Advise as to the appropriate action and remedies for breach of contract
Amar is looking to add to his collection of Renaissance manuscripts and when he saw the advertisement on Monday morning he telephoned Geraldine immediately. There was no response so he left a telephone message (voicemail) asking if any of the manuscripts were by Boccaccio as he would be willing to pay the asking price if that was the case. Geraldine responded to say that it included one manuscript by this author and sent him an image of this particular item.
That same day, Geraldine had lunch with her old friend Obi at the Fairdale Café and told him of Val’s email. Obi was intrigued and asked a number of questions about the collection that she was trying to sell. When he returned home he attempted to find the online advertisement but was unable to find it as he checked the wrong website. Nonetheless on Wednesday morning, he left a note at Geraldine’s house. The note said that he was willing to pay £10,000 for the collection that they had discussed and if he did not hear anything further from her then he would assume he could collect the items when he returned on Friday from his trip to Scotland.
The following definitions apply in this Agreement:
“Event” refers to all scheduled activities at the Wellbeing & Fitness Showcase commencing on 5 October 2019 and ending on 7 October 2019, unless otherwise specified.
“Products” refers to the items branded as Elite Activewear by the Company.
“Services” means the services to be provided by the Artist to the Company in relation to the promotion and endorsement of the Products.
During the Term of this Agreement the Artist agrees:
(a) To attend all rehearsals for the Event.
(b) To perform the agreed songs for each fundraising concert scheduled for the Event.
(c) To provide the Services and use all reasonable endeavours to promote the Products including wearing the Products at 5 public appearances during the Term of this Agreement.
Issues of concern:
· RW attends 1 of the 3 rehearsals for the concert
· RW misses the first fundraising concert because she is ill on the same day, but is well enough to perform at the second fundraising concert.
· Following her illness, RW was advised by her life coach to not wear red clothing as it would bring her further misfortune. RW decided to wear items from last year’s Elite ActiveWear clothing line, the ‘Yellow-Mellow Collection’, for the second concert rather than items from the current ‘Red-Set-Go Collection’.
· Negative media reports received of RW’s non-attendance and wearing last year’s ActiveWear.
· Elite Ltd’s sales and marketing division has reported a significant reduction in sales for the Red-Set-Go Collection.
· Elite Ltd’s sale and marketing division has reported that the remaining discounted stock of the Yellow-Mellow Collection has sold out
