LAWS20058 - Law - Australian Commercial Law - Sally Case Study - Assignment Help

PART A (20 marks- 1000 words)

 Sally started her new store. A dispute arose when Ethan found out that Sally had done this. Within six months Ethan realised that his business had few customers and trading was very weak.

1. ( maximum 250 words, 5 marks) How would a court determine whether there was an intention to create legal relations in the agreement between Sally and Ethan? You should support your analysis with case references.
2. (maximum 500 words, 10 marks) If this sale of business contract dispute between Sally and Ethan goes to court how would a court assess the representations made by Sally before the parties reached agreement about the sale? What remedies could be awarded to Ethan should he be successful? You should support your analysis with case references. Only discuss the common law in the Do not discuss statute.
3. (maximum 250 words, 5 marks) Would a court view as reasonable in the circumstances the restraint of trade term in the agreement between Sally and Ethan? What possible remedies could be granted if Ethan was successful in legal action against Sally’s starting the new store? You should support your analysis with case references. Only discuss the common law in the Do not discuss statute.

 PART B (10 marks- 600 words)

 What action could Sally take against Good Health Help Pty. Ltd under the Australian Consumer Law legislation? Include the issues of remedies and consumer guarantees in the analysis.

 PART C (10 marks- 600 words)

 Explain whether Sally could take legal action in negligence against David for the accident on July 4 based on common law and state legislation legal principles.