MLC101: Law for Commerce Case Study - Law Assignment Help

Assignment Task:

Task:

Learning Outcomes
ULO 02—Understand the rules of law that apply in the formation of contracts.
ULO 08—Understand, explain and apply the rules of law in relation to contract law ... ;
ULO 09— Demonstrate the ability to read and critically evaluate the principles of law taught in this unit while understanding the principles of sustainable development and use the IRAC methodology for legal problem solving;
ULO 10— Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.

Scenario One

Paulin owns and runs a small fashion store called ‘Exclusive’ in Melbourne City. Paulin’s store specialises in premium quality linen clothing. Josh, a regular customer of Paulin, purchases clothing items in bulk from Pauline to sell in his own store. Paulin generally gives one-week credit period for Josh to complete his payments. After processing an order placed by Josh, Paulin sends an invoice for $3000 to Josh. But three weeks later, Josh still hasn’t paid. Paulin calls Josh to follow up on the invoice. Josh promises to pay the invoice in one week. Another two weeks go by without receiving any payment from Josh.

1. Is the new agreement between Paulin and Josh to accept half of the invoice amount legally binding? Use principles of consideration to answer this question.
Note: No research is required for this scenario. You may rely on the course materials to answer this question. (300 words) (5 marks)

Scenario Two
Liam, a 15-year-old, is a student and works in the local grocery store during his spare time. Most of his time is spent between school and work, and he occasionally visits his uncle Adam, a TV presenter, at his studio in the city. Liam visits Paulin’s store and wishes to buy a pair of linen trousers from Paulin’s store for $750. These trousers are from one of the most expensive clothing lines in Paulin’s store and are usually purchased by those in the entertainment industry. Liam uses the PayLater option made available to customers of ‘Exclusive’. The PayLater option provides an opportunity for customers to split the cost of the payment into four equal payments to be made every fortnight. Liam uses false information to create the PayLater account and stops making payments after the first instalment.

2. Is the agreement between Paulin and Liam legally enforceable since Liam is a minor? Note: No research is required for this scenario. You may rely on the course materials to answer this question. (300 words) (5 marks)

Scenario Three
Paulin’s store is a huge success, and she opens ten more shops across Australia. At the age of 68 years old, she becomes a millionaire with assets worth over $35 million. She meets Kevin, a 24 years old gym instructor living in Melbourne, via an online dating app. Kevin moved to Melbourne recently from Spain on a student visa and did not have any family or close friends in Melbourne. Being a student, he also has very little assets in his name and has limited ability to converse in English. About seven months after meeting each other, Paulin and Kevin set a date for their wedding. Kevin is really excited about starting a family with Paulin and arranges for his family to come to Australia for his wedding. Paulin wants Kevin to sign a pre-nuptial agreement before the wedding so that both parties are clear how her property will be distributed in the event of separation or death. Pauline does an internet search and finds an article that states that a pre-nuptial agreement may not be valid due to lack of consent.

3. Paulin is worried that the pre-nuptial agreement may not be valid due to lack of consent and seeks your advice as to how to make a valid agreement with Kevin without involving conduct which can be considered as undue influence or unconscionable.

In your answer, please address the following elements:
• Explain to Paulin using your own words and relevant case law what undue influence and unconscionable conduct is.
• Identify what factors in her relationship to Kevin may result in claims of undue influence and/or unconscionable conduct.
• Suggest steps that can be taken by Pauline avoid undue influence and unconscionable conduct involved with the pre-nuptial agreement.

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