Issue
According the case study, the issue is whether Mr. Brendan can claim the damages from Ariana?
Rule
As per the rule of contract law, a contract can be make in words or spoken. As per the case study, Ariana had signed the contract with Brendan. Now she terminates the contract . When a contract is formed through a written statement it will satisfied the contract terms and contract. In this case, Ariana had breach the contract without any reason. It is a law of breach of contract.
Application
As per the contract law, a contract can be made in spoken or written. As per the case study, Ariana made a contract with Brenden that she will sell her penthouse to him in return she will get good amount of money and good business opportunity from Brenden. Though she told Brenden that without lawyer’s concern she did not engage in any issue but in this matter, as he is her old friend so, she can sign the contract. When she faced some car damage in car wash centre, she was furious and cancelled the contract. Here, she terminates the contract without any valid reason. Her car was broken but that does not make any sense to cancel the contract of selling her penthouse. As per the Australian Contract L aw, she breach the contract.
A contract can terminate before completing in time or after completing it. Both of the party can terminate the contract. Any party can terminate the contract when any condition in the contract is breach. In this case, Ariana breach the contract without any reason. She breaches the contract because she is upset for the damage of her car. Now, Brenden, who is the innocent party in this contract who are entitled with the contract agreement, can claim damages from the aggrieved party who is Ariana. A contract is breached when any of the party terminates the contract without any reason. For breach any contract, remedies can be claimed. The remedy must be monitory remedy. The particular sum of money can be claimed in such matters. Here, also Brenden was depending on Ariana that she will sell her penthouse to him and then he will lease that penthouse to Mr. Shen for her daughter who will become his business partner. When she cancelled the deal, Brenden have to suffer loss in his business. Therefore, as per the contract law rules, he must get the compensation.
Conclusion
As per the case study, Ariana who is a old friend of Brenden and signed the contrat to sell her penthouse to Brenden had breach the contract and cancelled the deal. Therefore, Brenden who is the innocent party in this contract can sue Ariana and claim damages from her.
Issue
As per the case study, is Ariana can claim the compensation for damaging her car?
Rule
As per the case study, when Ariana reached in the Bar-a-lager, Dino who is the parking attendant offered her to wash her car in the car wash centre and she accepts that offers. Then when she returned to take back the car, she found that her car was well polished and cleaned but it was damaged. When she told to the car attendant, he said to look after the case memo that she got at the time of payment where it was written that the car wash centre was not liable for any damages. Therefore, it is the case of exclusion contract.
Application
As per the case study, Ariana made a contract when she paid the money for the car wash to the parking attendant. The parking attendant made an offer to Ariana, which she had accepted. When she returned to the car wash centre, she found that her car was clean and well polished but next she also found that, her car tyres were slashed and graffitied in all over her ‘Get a Real Car ’. When she asked to the parking attendant about the damage, he informed her that it is already written in the back of the receipt that the car wash center will not take responsibility for loss or damage to cars left at the inst-a-clean car wash. Therefore as per the clause written in the back, she cannot claim any compensation for the damages she faced.
It is a case of exclusion contract as per the rule of the Australian contract. An exclusion contract is valid when the terms and conditions are appropriately included in the contract and not will appeared or contrary as per the contract law. In this matter, the terms are written in the back of the receipt or case memo. However, most of the time parties are failed to concentrate on that written matters. However, in this case, Ariana will not any compensation from the car wash company, as because it had already written in the receipt that the car was center will not liable for any damages so, when she paid the bill that means he accept the offer knows all the terms. When any consumer uses any service and paid them, that means the consumer is know all the obligations and terms. It is legal as per the contract law. When the rules made contrary to the exclusion clauses then the consumer may take legal step against the service provider as per the Consumer Law.
Conclusion
As per the case study, Ariana will never claim the ten thousand dollars from the car wash centre for repairing the car, which was damage. When she paid the amount to the car attendant that present, she knows all the terms related to the car wash. When her car was damage she will never accused the car wash centre because they already mentioned in the cash receipt that they will be not liable for any damage while car wash.
Issue
As per the case study, can Mr. Shen claim any damages against Brendan?
Rule
A contract can made in written or spoken when it is made in free consent and contain lawful objects. As per the case study, Mr. Shen was seeking for a penthouse for her daughter Cici who will study business law in next year and Brenden offered that he would provide such house he came under a contract with Mr. Shen. However, when he failed to provide such house Cici daughter of Mr. Shen faced several problems. Now, as per the contract law , Brenden made a breach of contract. He failed to complete the contract and for this reason Mr. S hen can sue him or claim compensation.
Application
Brendan who was his long time business associate o Mr. Shen , gave him an offer about giving him lease of a penthouse in Sydney for her daughter to stay. He was seeking for a penthouse for her daughter Cici who will study business law in next year. However, Brenden have no penthouse but he thought it would be manage. When Mr. Shen agreeing with the offer, he claims that penthouse in between one week. At time of accepting the offer, Mr. Shen was entered into a contract as per the rules of the contract law and Brenden was another party in this contract when he offers the proposal to him. Then the problem arises because it was impossible for him to manage a penthouse as he described to Mr. Shen in one week. However, he managed a penthouse from his one of old friend Ariana , who has a same penthouse as he described to Mr Shen. He offered her to sell the penthouse in return he promised her to give some business communication for established her business. They signed the contract but when Ariana faced some damages in car wash centre, she became upsets and terminate the contract and Brenden failed to provide the penthouse to Mr. Shen , for this reason her daughter need to stay an unlivable student center. Now, Mr. Shen refused to do the business with Brenden. As per the issue, now he can claim the compensation from Brenden because he breaches the contract as per the contract law. No matter what situation had arisen for Brenden, Mr. Shen cannot accept any fault as because he accepted the offer and promised him to pay the money. As per the contract law, remedies can claim. The remedy must be monitory remedy Brenden breach the contract by failed to provide as per the contract. Mr. Shen now claims the compensation for the loss that her daughter had faced. Mr. Shen was the innocent party.
Conclusion
As per the case study, Brenden who is the business attendant of Mr. Shen promised to give him lease of a penthouse for his daughter. When he failed to provide the house, he breaches the contract. It established that he must pay the compensation to him and Mr. Shen have rights to claim the remedies as per the contract law.
References
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.
Ayres, Ian, and Alan Schwartz. “The no-reading problem in consumer contract law.” Stan. L. Rev. 66 (2014): 545.
Cartwright, John. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016.
Poole, Jill. Textbook on contract law. Oxford University Press, 2016.
Butler, Desmond, et al. “Contract Law Case Book.” (2013).
Andrews, Neil. Contract law. Cambridge University Press, 2015.
Carter, John. “Good Faith in Contract: Why Australian Law is Incoherent.” (2014).
Thompson, Clare. “Avoiding claims of breach of good faith.” Brief 42.4 (2015): 28.
Keyes, Mary, and Therese Wilson. Codifying Contract Law: International and Consumer Law Perspectives. Routledge, 2016.
Kiazad, Kohyar, Scott E. Seibert, and Maria L. Kraimer. “Psychological contract breach and employee innovation: A conservation of resources perspective.” Journal of occupational and organizational psychology 87.3 (2014): 535-556.
Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016.
Bunni, Nael G. The FIDIC forms of contract. John Wiley & Sons, 2013.
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