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Law and Assignment

In: Business and Management

Submitted By yazi1992
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Assignment 2 LEGAL PROBLEMS

(30 marks)

Note – All students are expected to use the prescribed textbook when undertaking this assignment and all cases cited at c) in each problem below should be taken from the textbook.

If you use any source other than the prescribed textbook you are required to include the relevant case notes as an appendix to your assignment. The page/s should be scanned and merged with your assignment Word document. Failure to do this will result in your paper being returned unmarked when you will then have seven days to return in the required form. Penalties will apply, as per the UIG, from the DUE DATE and not the date of your resubmission.

Marking criteria
You will be assessed on your ability to: * identify the legal issues; * apply your knowledge of the law whilst solving the problem; * identify relevant statutes and cases as appropriate; and * reach the correct conclusion.

Problem 1 (6 marks) Topic 3

Jack’s son Tim is hoping to start a new computer business. He asks his father if he would be willing to lend him $50,000 to help him start the business. In return, Tim promises to give his father a new computer. Jack accepts Tim’s offer. Tim buys his father a new computer but then Jack tells Tim that he has changed his mind and will not be lending him the promised money.

a) What is the issue you need to consider? (1mark)
Jack and Tim had an agreement, but did they intend that agreement to be binding (ie a contract)?

b) What is (or are) the relevant legal rule (or rules) relating to this problem? (1mark)
Courts are reluctant to interfere in social or domestic arrangements unless that was the clear intention of the parties.
c) What is (or are) the main case (or cases) related to this problem? (1 mark)
Balfour v Balfour [1919] 2 KB 571(UK Court of Appeal).
Todd v Nicol [1957] SASR 72

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