You are required to use the IRAC model to answer all questions. What are the Issues- What are the Laws on the Issues – Application of the Law to the Issue- Analysis – Conclusion – Question 1 Robert entered into an agreement with Best Foods Limited to purchase 100 pounds of chicken. However, Robert signed the contract without reading its contents. The contract contained an exclusion clause, which expressly omitted all his rights under the Sale of Goods Act. Robert collected the chicken from Best Foods, which unknown to him was tainted, regrettably he did not observe that fact and immediately refrigerated the chicken. A few days later, 10 pounds of chicken was taken out of the freezer and cooked. Consequently, the entire family had to be hospitalized due to medical complications which was suspected to be caused by the decay of the frozen chicken. Robert’s attorney wrote Best Foods Limited threatening legal action for the sale of the tainted chicken. However, Best Foods is arguing that Robert signed the contract, which contained a valid exclusion clause and as such he is bound by his signature. Advise Robert on this matter. Will your answer be different if the Customer Service Representative at Best Foods Limited informed Robert that the chicken purchased was of the best quality, which she knew was false. Question 2 Jack rented his apartment to Jane for $5,000 per month in January 2020. They both however agreed to execute the contract for $10,000 per month, to deceived Jane’s employers. Jane’s employers provided her with a housing allowance of $10,000 per month as part of her terms and conditions of employment. At the end of every month, Jane will receive $10,000 from her employers for housing. She will pay Jack $5,000 and will pocket the other $5,000 for herself. Both parties enjoyed a harmonious relationship for several years under this clandestine arrangement. However, in 2024 because of a gambling problem, Jane had monetary issues and failed to pay her rent for 4 months. She avoided Jack at all times and refused to accept his phone calls in respect to the payment of outstanding rent. Jack is now seeking to enforce the payment of outstanding rent for the last 4 months in the sum of $40,000. Advise Jack on whether or not he can bring an action against Jane in respect of the outstanding rent. Question 3 Mia is fifteen years old. Mia’s parents are out of town, and she is very short on food supplies and as such, she visited her local parlor / grocery to purchase the much-needed supplies. She picked up several items which cost $20 and proceeded to the cashier. She told the cashier, who knew her parents, that they were out of town, and she needed the food items and as soon as they return, her parents will pay the $20 bill. However, when the parents returned later that day, they refuse to pay for the groceries. Her parents quickly pointed out to the grocery owner, that Jane is a minor, and she does not have any contractual capacity. Advise the owner of the grocery on this issue. Question 4 In March 2022, Denise started a business as an independent website designer. As a gesture to assist in her new business venture, her brother David, who ran a retail business, promised to give her $10,000 to update his business website. At the same time, her friend Doug a stockbroker, asked her to update his database, and also promised to pay her $10, 000. Within a few weeks, Denise completed both projects. Indeed, her website design business had become a tremendous success with several new clients. David and Doug subsequently discovered how successful Denise’s business had become. However, both felt that they should not pay for the work they had commissioned. David advised that he would not pay the agreed $10,000 contractual sum, since he only offered to assist his sister when she started the company, which she does not need now because her business is quite successful. Doug indicated as well that he would not pay anything either, since he had only given to her the job to update his database on the basis of their friendship. Advise Denise as to whether she can enforce her contract with David and Doug respectively.
You are required to use the IRAC model to answer all questions.
- What are the Issues-
- What are the Laws on the Issues –
- Application of the Law to the Issue- Analysis –
- Conclusion –
Question 1
Robert entered into an agreement with Best Foods Limited to purchase 100 pounds of chicken. However, Robert signed the contract without reading its contents. The contract contained an exclusion clause, which expressly omitted all his rights under the Sale of Goods Act. Robert collected the chicken from Best Foods, which unknown to him was tainted, regrettably he did not observe that fact and immediately refrigerated the chicken. A few days later, 10 pounds of chicken was taken out of the freezer and cooked. Consequently, the entire family had to be hospitalized due to medical complications which was suspected to be caused by the decay of the frozen chicken.
Robert’s attorney wrote Best Foods Limited threatening legal action for the sale of the tainted chicken. However, Best Foods is arguing that Robert signed the contract, which contained a valid exclusion clause and as such he is bound by his signature. Advise Robert on this matter.
Will your answer be different if the Customer Service Representative at Best Foods Limited informed Robert that the chicken purchased was of the best quality, which she knew was false.
Question 2
Jack rented his apartment to Jane for $5,000 per month in January 2020. They both however agreed to execute the contract for $10,000 per month, to deceived Jane’s employers. Jane’s employers provided her with a housing allowance of $10,000 per month as part of her terms and conditions of employment.
At the end of every month, Jane will receive $10,000 from her employers for housing. She will pay Jack $5,000 and will pocket the other $5,000 for herself. Both parties enjoyed a harmonious relationship for several years under this clandestine arrangement.
However, in 2024 because of a gambling problem, Jane had monetary issues and failed to pay her rent for 4 months. She avoided Jack at all times and refused to accept his phone calls in respect to the payment of outstanding rent.
Jack is now seeking to enforce the payment of outstanding rent for the last 4 months in the sum of $40,000. Advise Jack on whether or not he can bring an action against Jane in respect of the outstanding rent.
Question 3
Mia is fifteen years old. Mia’s parents are out of town, and she is very short on food supplies and as such, she visited her local parlor / grocery to purchase the much-needed supplies. She picked up several items which cost $20 and proceeded to the cashier. She told the cashier, who knew her parents, that they were out of town, and she needed the food items and as soon as they return, her parents will pay the $20 bill. However, when the parents returned later that day, they refuse to pay for the groceries. Her parents quickly pointed out to the grocery owner, that Jane is a minor, and she does not have any contractual capacity.
Advise the owner of the grocery on this issue.
Question 4
In March 2022, Denise started a business as an independent website designer. As a gesture to assist in her new business venture, her brother David, who ran a retail business, promised to give her $10,000 to update his business website. At the same time, her friend Doug a stockbroker, asked her to update his database, and also promised to pay her $10, 000.
Within a few weeks, Denise completed both projects. Indeed, her website design business had become a tremendous success with several new clients. David and Doug subsequently discovered how successful Denise’s business had become. However, both felt that they should not pay for the work they had commissioned. David advised that he would not pay the agreed $10,000 contractual sum, since he only offered to assist his sister when she started the company, which she does not need now because her business is quite successful. Doug indicated as well that he would not pay anything either, since he had only given to her the job to update his database on the basis of their friendship.
Advise Denise as to whether she can enforce her contract with David and Doug respectively.
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