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In: Other Topics

Submitted By Abyyyyyy
Words 649
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Question 1
Joe rents a stall for $2000pm at the titanic mall. Due to poor management, the mall is unpopular and many stallholders have left. Joe asks titanic for a reduction in rent due to poor business. Joe politely impresses upon titanic that he will have to leave and look for a cheaper location of titanic cannot assist him in this difficult situation. Titanic, which desires to keep its tenants, agrees to accept $1000pm (but the rental agreement is not formally amended). Offer and acceptance, intention, commercial agreement, consideration, Joe did not provide consideration in support of titanic’s reduction in rental thus this promise is not binding. Rule in pinnel, part payment does not discharge the debt. Promissory estoppal could be a defence, discuss requirements. Legal r/s, landlord tenant, there must be a clear promise, both of these are met. Reliance and alteration of position. Joe relied on promise and stayed on. It is inequitable to go back on the promise. High trees case. Joe can use PE as a defence; combe v combe. Can titanic revert ot original agreement of $2000pm? Yes after giving reasonable notice; tungsten case. After a year, the business gets worse and more stallholders including Joe decide to leave. Titanic then issued a letter of demand for $12,000 claiming rental arrears and threatening legal action of payment is not made in 7 days. Joe is upset. Advise Joe.

Question 2
Prac & co pencils manufacture and sells pencils. To market their products Prac & co fax over 100 local businesses promoting their pencils and prices.
Tony runs a local business and receives a fax. He telephones prac & co and asks whether they can do a special deal if tony purchases 400 pencils. The salesperson at prac & co, Jack, replies “it depends what price you want”. Tony tells jack that he does not want to pay more than 15 cents a pencil. Jack replies: ‘I...

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