Business Law - Jasmine Case Study - Elements of Intention and Consideration Assessment Answer

Internal Code: 1AGGGC

Business Law Assessment Answer

Assignment Task:

Jasmine Case Study -

Jasmine is the principal founder of a business consultancy in Perth. She works in the business full-time, and her business specialises in helping small to mid-size mining firms to improve their operations and their market positioning. One Friday afternoon, when Jasmine was having post-work drinks with a group of colleagues, she was approached by Curtis, one of her connections on LinkedIn who recognised her from her profile picture. After exchanging pleasantries and talking briefly about what each other were currently involved in, Curtis, who owns a self-help bookshop called Inspiration Is Us, expressed to Jasmine that his business has experienced some hard times recently as people have moved away from buying books from independent stores like his, to buying books online or listening to audiobooks. Despite Curtis’s industry being outside the scope of her own business, Jasmine wants to help Curtis to get his business back on track, and suggests to him that they meet up early in the next week to discuss how she can help him out. When they meet the following Tuesday, Jasmine presents Curtis with an outline of how he can better market his business in order to increase his clientele. Impressed with her plan, but unsure of how to properly implement it to achieve the best results, Curtis proposes to Jasmine that she consult to him every fortnight for a period of four months, so that the implementation of the marketing strategy runs smoothly. The other terms of the proposal are that Curtis pays Jasmine $600 for each of these fortnightly sessions, and that Jasmine has the creative freedom to put the marketing materials together. Wanting to give Jasmine some time to consider what he has posed, Curtis requests for Jasmine to email him to let him know, one way or the other, by the end of the working week. Although she doesn’t need the work, Jasmine is excited to be involved in helping Curtis because she often doesn’t get to create as freely for her clients in the mining industry. She calls Curtis the day after their meeting to communicate her acceptance of his proposal, and Curtis is very happy to hear this. Wanting also to have a written record of this arrangement with Curtis, Jasmine emails him on Thursday evening. In this email to Curtis, Jasmine recounts the terms of the proposal that were agreed, and reaffirms her desire to work with him on the project. Just after a month later, a significant decline in the mining industry leads Jasmine’s clients to draw on her services more heavily, with the effect that she is unavailable to follow through on the arrangement with Curtis. When Jasmine communicates this to Curtis, he is very angry and upset that he has been left high and dry, and he wants Jasmine to return the $1200 he has already paid in order to discharge the contract. When Jasmine refuses to accede to his demand and keeps the money, Curtis seeks advice from a lawyer concerning his legal position in these circumstances. Question (a) - Using the four-step process, discuss the elements of intention and consideration required for the formation of a contract. In particular, consider whether these elements have been met in order for there to be an enforceable contract between Jasmine and Curtis. Question (b) - Assume that the elements of intention and consideration required for the formation of a contract exist. Using the four-step process, discuss whether the element of agreement required for the formation of an enforceable contract between Jasmine and Curtis can be established.

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