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Case Study Business Law Assignment Answer

What is Business Law Assignment? Describe with Sample and Example

Law students often face problem while writing a business law assignment. Sample law assignments are given to students to come up with possible solutions to a legal dispute. A legal dispute involves two parties who might have had a disagreement over a business transaction which typically involves monetary obligations. Students often find such business law samples and examples challenging because the situations are tricky and involve a careful application of legal statutes. Fortunately, the legal team at MyAssignmenthelp.com can help such students to write business law assignments and case studies.

 

What is a business law?

A legal case study involving a dispute is often given to a law student in order for him or her to come up with a legal solution. A business law dispute involves two parties over a dispute regarding a contract, a sale, a merger, a contract etc. Here are some business law case samples with possible solutions:

Sample Business Law Cases: Case No 1

The Case

A lady named Jenny received a circular from Beauty and the Beast Hair Salon. It had advertised massages and manicures for 10 dollars. Jenny was pleasantly shocked when she saw the deal. She realized that it was a lucrative deal. However, she was not surprised since they had just opened and wanted to attract new customers. When Jenny arrived at the salon, she was told that there was a mistake in the circular and the amount would be 100 dollars and not 10 dollars. The manager of the salon explained that this was still a good price because normally a massage and manicure would have cost $150.

Jenny was livid as it had taken her 30 minutes to drive down, the cost of which when added to the manicure cost would still be more than 100 dollars. As a lawyer give legal advice to Jenny. Would your advice be any different if she was told about the price after she had taken the massage and manicure?

The Solution

When a seller places some information about his products in the form of a catalogue or a circular and invites others to buy the products, then it is considered as an ‘invitation to treat’ (a contract law term which means a person is willing to negotiate) In such cases, the buyer makes an offer to buy and upon the acceptance of such offer by the seller, an enforceable agreement can arise.

We can refer to an old legal precedent in this case: In the matter of Harris v Nickerson (1873) L.R. 8 Q.B. 286 there was an advertisement of sale by the defendant through auction. The plaintiff saw the advertisement and reached to the place of auction. He came to know after reaching the auction site that the auction has been cancelled and thus brought an action against the defendant. It was held by the court of law that the advertisement notice was just an ‘invitation to treat’. Hence, the plaintiff cannot claim his travel expenses from the defendant.

The circular of Beauty and Beast Hair Salon is an ‘invitation to treat’ on which Jenney acted and made a booking. She came to know the real price upon reaching the salon and thus had an option to either reject or avail their services. She would have paid $ 100 if she got the massage and manicure done by the salon without knowing the price. In that case, the transaction would have been a legally binding contract.

However, since she already knew the real price and had a choice, the mere placing of the ad could not have been considered as a legally binding contract. In the second scenario, she could have just paid 10 dollars as quoted in the newspaper. But since, she already had a choice and decided to exercise it rationally, we cannot argue that there has been any legal violation.

Sample Business Cases: Case Number 2

The Case

Once, a charity auction was taking place. Bruce who was extremely drunk went to the auction and under the influence of alcohol made a successful bid. It was apparent to the auctioneer that Bruce did not know what he was doing. Meanwhile, Bruce sobered up and accepted having made a bid. However, later on, he refused to fulfill the obligations of his contract. Give legal advice to Bruce.

The Solution

We have with us a legal contract which was entered into by two people: one who was in his senses and was legally bound to fulfill his contract and another person who was not fully in his senses and was not legally bound to his contract. Here the auctioneer was in his full senses to understand the terms of the contract while the buyer was drunk and as such was not in a position to fulfill the legal obligations.

The general rule about legal contract is that any person can enter into a contract but he has to have the mental capacity and intellectual maturity to understand the terms and conditions of it. The principle of contractual law stipulates mental lucidity to be an abiding feature of the both the contractor and the contractee. Generally, courts do not approve of a contract which entered into by a person who is voluntarily drunk because he is not in a position to understand what the contract entails.  

In this case, Bruce was so drunk that he did not knew that he was actually bidding at the auction. The auctioneer, however, knew this. Under the contractual laws, Bruce was technically not bound to the legal obligations. However, there is a catch in the story. In this case, Bruce was owed up to his legal obligations once he sobered up. He would have escaped the liability of the auction contract by simply disavowing it as soon as he sobered up but he did not do this. As a matter of fact he reiterated the terms of his contract once he had sobered up. As a result, this contract would be legally binding.

Therefore, the contract will be a valid contract and Bruce will be bound by the contract with auctioneer. Further, he will have to fulfill all his obligations under the contract.

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John agrees to build an extension to Chen’s house. At the time they enter the agreement, the price of building materials is increasing week by week. John is reluctant to set a price for the work until he knows how much it is going to cost. Chen agrees in the contract that he will pay John “the purchase price of materials as at the date of completion plus $6000 for labour”. The parties also agree that the work must be completed by the end of June, as Chen’s family is coming to visit him at that time. Before the work begins, there is an unexpected increase in labour costs and an equally unexpected drop in the price of building materials. John tells Chen that he will need to increase the labour component to $10,000 or not do the job at all. Chen is anxious that the work be completed by the end of June so reluctantly agrees to the change. John builds the extension but does not finish it until the middle of July. Because of this, Chen had to pay for his family to stay in a hotel for three weeks at a total cost of $3000. Chen is now refusing to pay John more than the price of materials plus $6000 for labour. In addition, he wants John to compensate him for the money he had to pay for the hotel. Required: Answer the following questions. In each case, give reasons for your answers, and support your reasons with case law.


a. Is there a valid enforceable contract between Chen and John?

b. What arguments could Chen use to support his refusal to pay John more than the
original agreed price?


c. What arguments could Chen use to support his claim for compensation for the hotel?

d. What arguments could John use to support his claim to the $10,000 he wants Chen to
pay?

Issue: The question that has been given, itself is the issue, which is, if the contract between Chen and John is a valid one?

Rule:  “contract (or informally known as an agreement in some jurisdictions) is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality of obligation."”- Common Law Legal System.

 

Analysis: the common law system and the contract law of Australia tell us that contract can be formed when certain conditions are fulfilled. When two or more parties (Chen and John), have a lawful object (building of the house extension), where john agrees to build the extension of Chen’s house (legal work) on a payment of certain sum (consideration) within the given period of time. When the definition of the contract is analyzed and the given situations is considered it can be seen that it lies parallel to one another. It also creates a mutual obligation between them which is that John would build the extension of the house within the given period of time and Chen in return will give him the payment they have agreed upon.

Conclusion: the contact law and the common law give a definition of how a valid enforceable contract can be formed. And the situation given fulfills all the given criteria; hence the contract between John and Chen is a valid enforceable contract.

 

Case law where the offer was a valid one: Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

2. Issue: What arguments could Chen use to support his refusal to pay John more than the

Original agreed price?

Rule: a contract is formed on agreed terms between the parties who are getting into the agreement. Here the terms and the considerations has already been decided and no clause has been put in, as to change in either because of unforeseen circumstances, and since when entering into a contract the parties are into a mutual obligation to complete the given work within the stipulated time, Chen can refuse to pay on the basis of breach of duty or the mutual obligation by the other part (John) - Contract Law

Analysis: when we refer to the issue we see that there was a particular compensation that Chen had agreed to pay to John for building up the extension of his house within the given period of time, because his family needed accommodation after that time. what is seen after that is that there is an increase in the labor costs while there is a decrease in the price of the materials required for the building up of the extension, and because of this john asks an increase in the labor price, or else he would not work for Chen, to which Chen ‘reluctantly’ agreed because he wanted the work to be complete within the given period of time. But the work though is completed has taken one and a half more months, and because of this Chen had to face difficulties and pay extra for his family’s accommodation. What we see is that Chen had agreed to pay the given price only on one condition that is the extension should have been completed by June, which certainly has not been done. When the only reason on which the extra payment was agreed upon is not kept in mind by John, Chen can hence deny the payment on ground of breach of duty of John, and can therefore refuse to pay the extra charges that John had asked for.

Conclusion: the Contract Law provides provisions for the plaintiff if there is a breach of duty by the defendant, and hence gives provisions for the plaintiff to act in a certain manner when the duty has not been fulfilled. Hence there are reasons which Chen can when he refuses to pay the extra amount of labor cost as his work was not done according to the terms of the contract.

Case law: for breach of duty when a contract have been formed-  Payless Travel v Baba Krupa Holidays [2004] All ER (D) 503

3. Issue: What arguments could Chen use to support his claim for compensation for the hotel?

Rule: “Damages for breach of contract are viewed as a 'substitute' for performance - consequently, they are designed to put the plaintiff in the position they would have been in had the contract been performed properly. Punitive damages are not available. The loss claimed must not be too remote from the breach and the non-breaching party must do what is reasonable to reduce (mitigate) the damage they suffer.”- Australian Contract Law.

analysis: what has been discussed earlier is the part where John has delayed the making of the extension of the house by one and a half months which in a way is breach of duty because the terms of the contract which John and Chen had got into clearly stated that the extension of the house was to be completed by June because Chen needed the accommodation for his family who would arrive by then. And this was the only reason why eventually and reluctantly Chen had agreed on paying more labor cost to John. But since this term was ignored and the work took longer, Chen had to find accommodation for his family in the hotel for which he had to incur a cost of $3000 which could have been uncalled for if the house would have built on time.

Conclusion: ‘award for damages are compensatory’ states the central principle which is governing this law, hence Chen can claim his incurred cost from John.

Case law regarding award for damage/loss: (HLA [110-11060] eg. Johnson v Perez (1988) 166 CLR 351 at 355).

 

4. Issue: What arguments could John use to support his claim to the $10,000 he wants Chen to pay?

Rule: “This is a rule of evidence that precludes a person from denying the truth of some promise made by him or her of the existence of facts whether existing or not which he or she has by words or conduct led another to believe in.”- promissory/equitable/estoppels under the Contract Law.

Analysis: when the given case is considered it is seen that though John took more than the required time, he actually built the house extension, putting in the labor which was required in spite of the increased labor price (after Chen had agreed), and also that the materials had been used, for which Chen should pay., moreover Chen had agreed on paying the extra cost that was required by John for the labor and material input. By brining in the estoppels method, John can claim that Chen had actually promised him to pay the increased amount of labor cost and the material cost which on completion of the house extension, he cannot refuse to pay. It was only after Chen had agreed to pay for the increased prices that John had started working. This case may also see the reference where the third party (labor force used by John to complete the completion of the house) is used, and thus their payment has to be made as well from the payment that comes from Chen. Though the time taken by John to complete the house extension was more than promised, but he can also claim that the house extension wasn’t left incomplete, but was completed over the period of time. moreover if Chen was to refuse the payment which included the extra labor cost and also the price of the materials which have been used by John for completing the extension of the house, he could have said that when John asked for the extra payment or maybe just as the due date for building the house extension was crossed, without waiting for the completion to take place on a full and final basis. No earlier notice had been given to John regarding the nonpayment of the labor costs or the material costs, which had already been spent from John’s side for completing the extension of Chen’s house.

 

Conclusion:

what can be concluded after looking aspects of the contract law is that estoppels can be used as an argument by John in order to get the $10,000 from Chen which had been earlier promised by him, because of the increased labor cost and since, the house had been already completed, and that Chen had not given any notice regarding the nonpayment of labor costs earlier, John can actually go ahead and claim the money with the help of the given branch of contract law.

Case laws: where estoppels has been used as a defense or as an argument to get the other party to act in a certain way- Walton’s case, Walton’s Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 and Central London Property Trust v High Trees House Ltd [1947] 1 KB 130.

 

 

References

  1. .. (2006). Contract law: Topic 2 Common law elements of contracts.Available: https://sielearning.tafensw.edu.au/MBA/19194J/commerc_law/lo/u5_t2_commonlaw/u5_t2_commonlaw_02.htm. Last accessed 14th Jan 2015.
  2. John Arthur. (). Damages and Equitable Compensation in a Commercial Setting .Available: https://www.gordonandjackson.com.au/uploads/documents/seminar-papers/Damages_and_Equitable_Compensation_-_John_Arthur.pdf. Last accessed 14th Jan 2015.
  3. .. (2009). Contract Text.Available: https://www.insitelawmagazine.com/ch9remedies.htm. Last accessed 14th Jan 2015.
  4. Julia Clarke. (). Australian Contract and Consumer Law.Available: https://www.australiancontractlaw.com/index.html. Last accessed 14th Jan 2015.
  5. .. (). Networked Knowledge - Law Lectures Consideration - in Acceptance of Contract.Available: https://www.netk.net.au/Contract/04Consideration.asp. Last accessed 14th Jan 2015.

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