Discuss Contracts against Events R Us Ltd.

Reference no: EM132313017

The Practice Question

Sarah, Michael and Jenny are directors of Events R Us Ltd, a company that engages in events organisation. Sarah is the Managing Director, Michael is the Information Technology director and Jenny is the Finance Director. The company has a constitution with an objects clause that states that the company organises events in Western Australia only and another clause that states that board approval is required for any transactions over $40,000.

Michael travels to Sydney to attend an events expo. At the expo Michael is excited to be introduced to a new events organisation computer program that would save time, money and deliver a more professional service than the company's competitors. Michael enters into a contract to purchase the program for $50,000 from Ultimate Computer Programs.

Jenny also travelled to the expo and whilst there she met the Mayor of Sydney. Jenny then entered into a contract for Events R Us Ltd to be the major organiser for next year's City of Sydney "Fashion Week".

Upon receipt of the computer program invoice, Sarah writes to Ultimate Computer Programs advising that the company will not pay for the computer program as the software is incompatible with the company's current system. Sarah also advises that Michael did not have the authority to enter into the contract and that he exceeded the company's spending limit.

When Jenny advises Sarah about the Fashion Week event, Sarah writes to the Mayor of the City of Sydney and advises him that the company will not be organising "Fashion Week". Sarah advises the Mayor that Jenny had no authority to enter into such an agreement and in any event, the company has no legal capacity to enter into such a contract.

REQUIRED

Based on the above facts, discuss whether Ultimate Computer Programs and the City of Sydney can enforce the contracts against Events R Us Ltd.

You MUST use IRAC to answer. The breakdown of marks for the IRAC question is as follows: Issue of law:

Relevant law

Apply the law

Conclude

Correct use of IRAC method

Reference no: EM132313017

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Reviews

len2313017

5/28/2019 3:33:55 AM

Marking criteria for practice IRAC question Issue of law: 0.5 marks Relevant law: 3 marks Apply the law: 4 marks Conclude: 0.5 marks Correct use of IRAC method: 2 marks There are no extensions to the due date for the practice IRAC question. If you do not submit your practice IRAC answer by the due date, then you miss out on 10% and you do not receive valuable feedback for the upcoming test. Remember the practice IRAC question is very similar to the test IRAC question.

len2313017

5/28/2019 3:33:48 AM

Part 1 of In-term assessment: - 10% Practice IRAC answer due by 8 lodged on LMS The LMS link is in “Getting Started materials” A practice question will be made available on LMS at the beginning of the trimester. The practice question is for your own benefit in terms of preparation for the in- term test (part 2 of this assessment). The practice question will be similar in law to the IRAC question in the test.Too many students do poorly in the in- term test and in some past cases, a poor result has been the driver for failure in the unit overall. It is so important to get started immediately on re-visiting the IRAC method and the applicable law so that a quality answer is submitted by the due date. The lecturer in Singapore will mark your work and give you feedback based on correct law and correct use of IRAC.

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