Australian Business Law. A Case Study

Essay , 2015 , 4 Pages

Law - Civil / Private, Trade, Anti Trust Law, Business Law

In this case, Nick needed the rally to be flawless therefore, he promised to give a bonus of $1000. Having paid $5,000 meant that nick was not paying the full payment as agreed. However, the considerations and discharge of obligation meant that the rule in Pinnel’s case could be applied to ensure that nick paid back the remaining amount[ Pinnel's Case, 5 Co. Rep. 117, 77 Eng. Rep. 237 (1902).]. In this case, the consideration could be defined as the price a promisor would pay for the actualization of the promise. Being an essential element of a contract means that the agreement was enforceable in a court of law as it was a binding agreement. Therefore, Nick could sue Nick for the remaining amount as settlement of a lesser amount does not warrant that the rest of the amount could be paid at any time. Using William v Roffey bros. & Nicholls, precedents were set as the contractual obligation agreed upon in the agreement resulted in commercial advantages for the defendant[ Williams v. Roffey Bros. & Nicholls (constractors) Ltd (1990) 2 W.L.R. 1153]. This held the defendant under duress to ensure that he settled the additional sum agreed upon. According to this, the payment agreement meant that the additional sum was enforceable according to the law. Consequently, John could be held at duress to pay the amount he owed Nick as he owed him an amount that amounted to smooth running of the rally. Similar to this is the Stilk v. Myrick case, which would have allowed the plaintiff to hold any progress in the project until the defendant paid the remaining amount in full[ Stilk v. Myrick (1809) 2 camp. 317]. [...]

Inhaltsverzeichnis

• Nick and John
• Nick and the police
• Nick and Hanson
• Nick and lan
• Conclusion
• Bibliography

Zielsetzung und Themenschwerpunkte

This text examines various legal scenarios involving Nick, a rally organizer, and different individuals who offered support or services for his event. The text analyzes the legal implications of these interactions, focusing on contract law principles, particularly the concepts of consideration, offer and acceptance, and equitable estoppel.

• Contractual obligations and consideration
• Offer and acceptance in contract formation
• Equitable estoppel and its application
• Legal implications of social agreements
• The role of precedent in legal decision-making

Zusammenfassung der Kapitel

• Nick and John: This section explores the legal implications of Nick's promise to pay John a bonus for organizing a flawless rally. It examines the concept of consideration and how it relates to the enforceability of contractual agreements. The case of Pinnel's Case is discussed, highlighting the principle that partial payment of a debt does not discharge the entire debt unless there is additional consideration.
• Nick and the police: This section analyzes the legal obligations of the police to provide protective services during a public event. It examines the case of Glasbrook Bros Ltd v Glamorgan County Council, which established that individuals requesting special police protection beyond their usual duties must pay for those services. The text explores the legal implications of Nick's request for additional protection from radical groups.
• Nick and Hanson: This section examines the legal implications of a social agreement between Nick and Hanson, where Hanson offered his support for the rally free of charge. It discusses the concept of social agreements and how they differ from legally binding contracts. The text highlights the principle that social agreements are not enforceable in court.
• Nick and lan: This section analyzes the legal implications of lan's offer to support Nick's rally. It examines the concepts of offer and acceptance, communication, and equitable estoppel. The text explores how lan's revocation of his offer, based on his company's financial decline, could be legally justified.

Schlüsselwörter

The key terms and focus themes of the text include contract law, consideration, offer and acceptance, equitable estoppel, social agreements, legal obligations, police protection, and precedent. The text examines the legal implications of various scenarios involving Nick, a rally organizer, and different individuals who offered support or services for his event. It analyzes the legal principles governing these interactions, focusing on the concepts of consideration, offer and acceptance, and equitable estoppel.

• Course: Business law
• Author: Enkai Zhang (Author)
• Publication Year: 2015
• Pages: 4
• Catalog Number: V294259
• ISBN (eBook): 9783656921844
• ISBN (Book): 9783656921851
• Language: English
• Tags: australian, business, case, study