MLC101 : Law for Commerce - Liam and Paulin Case Study - Law Assignment Help

Assignment Task :

Learning Outcomes 

ULO 01—Understand the rules of law that apply in the formation of contracts. 

ULO 02—Understand, explain and apply the rules of law in relation to contract law … ;  

ULO 03— 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 4— Use appropriate digital technologies to search, retrieve and apply relevant  information to law for commerce. 

Case Study Research Paper Questions 

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.  

Paulin calls Josh again to check on the payment and Josh responds, ‘I am really having a  hard time these days and the truth is that I do not have money to pay that invoice.’  

Paulin sensing that she may lose all her money offers to Josh, ‘Why don’t you pay me  $1500 and give me a reference to your uncle Ben who works for the Fashion Magazine?’  

Josh replies, ‘That sounds perfect. I will give a glowing recommendation to Uncle Ben.  He has lots of connections with celebrities. He trusts me, and he will make sure to get  you some big contracts.’ Paulin agrees to the deal. 

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.  

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?  

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. 

Note: Research is required to answer this question. The course materials WILL NOT be  sufficient to complete an answer to this question.

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