Issue
The court is likely to rule that the prenuptial agreement signed by Susan was invalid because: Steve and Susan entered into a marriage prenuptial agreement on the grounds that upon divorce, Steve was to pay only $100, 000 in settlement. Steve presented the agreement a week to their wedding. Susan’s relatives had travelled far and wide thus reluctantly signed the document.
In defining marital property, the court will uphold the validity of the prenuptial if: the agreement was created unfairly. In order to protect Stave’s financial interest, he opted for a prenuptial agreement. However, before signing a Prenuptial, one should be aware of the legally binding quotes in a valid situation. In this case study, tom asks Susan a week before the wedding to sign up a prenuptial agreement or else he was going to call off the wedding.
Steve’s position as a successful business and that he met Susan online places him in a tricky position. Despite that he wants to marry Susan, he must consider protecting financial interests in the event of a divorce. In order to establish whether the Prenuptial was valid, it is important to consider the conditions and scenarios under which the Prenuptial was signed. To begin with, a Prenuptial should be written and signed by the parties involved (Granberg 2014). If that is not the case, then the agreement was not properly executed and was signed under duress (Granberg 2014).
Conclusion
In this case, Susan had little choice but to sign the Prenuptial because her family had traveled from abroad to come attend her wedding. Secondly, she had little time (one week) to decide whether she was comfortable or Steve was to cancel the wedding. As such, under such conditions, it is safe to argue that the Prenuptial was not valid.
In the second case, Steve may have entered an oral contract by agreeing to buy a car from Jason, only if Jason made the preferred changes that Steve had suggested.
The considerations of an oral contract comprise of an offer, acceptance of the offer and the consideration (Poole and Shaw-Mellors 2017). Since this case is a subject of legal proceedings, it is unlikely that courts to uphold agreement if the important elements are not satisfied. Despite that Jason may provide sufficient elements for this case, it may be difficult to overcome the burden of proof.
Where he alleges the existence of an oral contract, Jason has a task of providing that the assertion is indeed satisfactory to the court. This can be hard where the only existing record is verbal agreements or phone calls. In the event where a party fails to do their obligations under a contract, without any lawful excuse they are said to have breached the contract. The innocent party has a right to terminate the contract or sue the defaulting party (Poole and Shaw-Mellors 2017). However, for them to have a valid case it is important to provide substantial proof that shows that there was an agreement between both parties. It is also important to note that documentary evidence is more reliable as it suppresses here say claims.
Conclusion
In this case, Jason has to prove himself in court by establishing that Steve breached their contract.
In theory, it is possible to sue those responsible for food poisoning. As per the law, a personal injury lawsuit may help to recover compensation for the medical bills and other losses (Resnik 2015).
However, it is important to consider that food poisoning lawsuits usually provide a well-documented account of the food contamination supply. In this case, both parties were involved in getting the food even though it Harry who prepared it.
For this case to succeed, one has to provide that the source of the contaminated food. Although the food poisoning law is not special when it comes to suing individual persons, the lawsuit must prove the person legally responsible for the damage. Despite Carl knowing that the fish was poisonous and that he was not a skilled chef, he went ahead and prepared it. As a result, Harry suffered food poisoning.
Conclusion
In this case, because Harry suffered severe injuries that led to his hospitalization, and then it is most likely that he can make the lawsuit financially worthwhile.
Issue
Under consumer law, Betty has right to return the phone because it was not described for the purpose she bought it for.
As per the Australian consumer law, the consumer rights are also called consumer guarantees (Taylor and McNamara 2014). These guarantees include the right to replacement or refund, compensation for damages, rights to repair as well as a right to cancel faulty service. As such, if the product or service one buys fails to meet the guarantees made to the consumer, one has a right to ask for a repair, refund, or even replacement. However, it is important to consider that the remedy is reliable on whether the issue is minor or major. Betty was anticipating for a high performance, 12 MP cameras, 5x digital zoom. Instead, what she got was a 3x digital zoom and short serving battery.
Goodwill Return Policy: Most retailers provide the consumers with a return policy that has an exchange, credit note or even refund for their products. In case the phone was bought online or by mail, then the consumer has additional rights under the consumer contracts regulations (Taylor and McNamara 2014). However, it is important to consider that one can only return if the goods bought are non-faulty. Therefore, since Betty’s only concern is that functionality, then it is possible for her to ask for a refund. On the other hand, it is worth pointing out that not all shops have a return policy.
According to the provision of the Consumer Rights Act, one has a right to claim a refund if the product is faulty (Taylor and McNamara 2014). However, this automatic refund has a 30-days’ time frame or else you can give the retailer time to repair or replace. In this case, Betty has to provide proof of receipts that she bought the phone. Before making online purchases, it is important to find out from the customer sales service about the return policy (Taylor and McNamara 2014). This is because some retailers may not have a return policy and in other cases, the retailers only pay attention to faulty products.
Conclusion
Therefore, Betty has a claim if: the retailer has a return policy and if she has receipts to confirm the purchase.
References
Granberg, R.S., 2014. Three Logical Arguments for Divorce Settlement. Fam. Advoc., 37, p.20.
Poole, J., Devenney, J. and Shaw-Mellors, A., 2017. Contract Law Concentrate: Law Revision
and Study Guide. Oxford University Press.
Resnik, D.B., 2015. Food and beverage policies and public health ethics. Health Care
Analysis, 23(2), pp.122-133.
Taylor, D. and McNamara, N., 2014. The Australian consumer law after the first three years-is it
a success?. Curtin Law and Taxation Review, 1(1), pp.96-132.
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