Highlights
Question 1
Simba’s 40th birthday was approaching. He decided that he wanted to do something special for the occasion. The first thing that came to mind was a trip to New York. A country boy, he had never been there but had always dreamed of spending a week in the ‘Big Apple’. In particular, he wanted to climb up the Empire State Building and take a selfie. Unfortunately, Simba was a little short of money as he had recently gone back to university to study performing arts. Simba did, however, have ten thousand dollars saved up in the bank. He was going to put this money towards new microphones and amplifiers for when he graduated from university.
Simba’s father, Mufasa, asked his son what he wanted to do for his 40th birthday. Simba told his father of his dream to visit New York but that he really did not have the funds to make this a reality. Mufasa said to Simba:
“You only live once. You should go to New York while you are still young enough to fully enjoy it”.
Mufasa then promised Simba to reimburse him for the expenses associated with the trip. Simba was delighted and replied:
“You’ve got a deal”.
Simba and Mufasa shook hands and Simba left to research his itinerary.
The next day, Simba informed his father that a one-week trip would cost around nine thousand dollars ($9,000.00) – inclusive of all travel, accommodation, and tours. Simba worked out that the remaining one thousand dollars ($1,000.00) would be used for food and gifts. Mufasa said:
“Fantastic. Go and enjoy yourself. You deserve this”.
Simba replied:
”You are the best dad in the entire world.I could not have afforded this without you”.
Mufasa replied:
“Enjoy. It’s on me”.
Upon returning to Victoria, Simba went to visit his father to tell him all about the trip and to show him the great selfie-pics he took at the top of the Empire State Building. After showing his father the pictures, he then asked when he would be able to be reimbursed for the trip. Mufasa replied:
”I was only joking. You are big enough and ugly enough to pay for your own overseas trips. No-one made you go. You had the money and it was your decision. Sorry mate, that is life and at 40 you should know this. No money for you”.
Simba stormed out of his father’s home and they have not spoken since.
Advise Simba of the following:
If Simba was unable to satisfy and prove the formation of a contract – i.e. for the lack of an intention to create legal relations, what other action, if any, can Simba take against his father to retrieve the ten thousand dollars ($10,000.00) under?
Question 2
Iron Man has purchased a block of land in Ashburton off Batman.
Iron Man now wishes to build his new abode on this block of land. He engages the building services of Spiderman. Spiderman was recommended to Iron Man by his good friend Flash Gordon.
Having visited the site, Spiderman provides Iron Man with plans and a quote to build Iron Man’s new abode and accompanying fencing.
At the same time, Iron Man has the block surveyed by Wonder Woman. Wonder Woman advises Iron Man that due to the slope of the block, water will run down from the right-hand side of the block causing significant flooding. Wonder Woman informs Iron Man that a retainer wall will need to be constructed in order to prevent this from occurring. Spiderman had not accounted for this.
Iron Man arranges to meet up with Spiderman at the Ashburton site. Spiderman has prepared a contract for Iron Man to sign. The contract does not make any reference to a retaining wall.
Iron Man explains to Spiderman the need for a retaining wall and shows him a copy of the surveyor report accordingly.
Spiderman reads the report and states:
“No problem. I will build a retainer wall as shown. No extra cost”.
Iron Man says:
“We probably should write-up a new contract”.
The Spiderman replies:
“No need. We have an agreement. My word is iron-clad – pardon the pun”.
Spiderman then offers his hand to Iron Man. Iron Man shakes Spiderman’s hand and then signs the contract drafted by Spiderman.
Six months later, Iron Man visits the property for a final inspection of Spiderman’s work. He is horrified to discover that there is no retaining wall.
He calls Spiderman and asks where is the retaining wall? Spiderman Replies:
“There is no retaining wall in the contract. I am only bound by what is written in the contract. There is a clause in the contract that confirms this. By the way, not all the terms are critical or essential to the contract. Read the contract carefully Iron Man!”
Iron Man is furious. On a recommendation from his friend Deadpool, he goes to see this hot-shot, intelligent, handsome contract law lawyer with the initials “RF”. Iron Man has the following questions:
What does Spiderman mean when he says that he is only bound to what is written in the contract? What clause is he referring to What are the key elements that need to be met in order to satisfy such an agreement?
Question 2 options:?
If the subsequent agreement was enforceable, what sort of contract had been created?
Question 3
Prince is an accomplished upcoming musician. He has developed a strong following in his local area. Such adulation has attracted the attention of music executives who wish to sign him up ASAP to capitalize on his talent.
John Paul (“JP”) is an executive for World-Wide Records (“WWR”) who wishes to exclusively sign this artist to WWR’s music label WWR Music (“WWR-M”). JP goes to see Prince propose an offer and hopefully have him sign-up to WWR-M.
JP manages to sign Prince to an exclusive contract pursuant to the following:
When JP arrives to meet Prince, he is shocked to discover that Prince lives with his parents and is in fact only 15 years of age.
Prince is alone as his parents have gone to see the new Queen Musical ‘We Will Rock You’.
JP advises that Prince is: “Big enough to decide what is best for himself”.
JP hands Prince a 50-page document (“the contract”) and quickly runs through some of the terms.
The contract contained various terms and conditions, some of which may be deemed unusual and hard to decipher. Prince was not afforded an opportunity to confer with his parents nor seek legal representation.
Eager to show that he was in fact a ‘big-boy’ and be signed to a record label Prince signs the contract.
Q-Addressing only the issue of capacity, will this contract be deemed to be binding? Explain your answer with reference to relevant statutes and case law.
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