ESSAY QUESTION (T121):
Q1 - 10 marks
Businesses should exercise great caution when taking clients out to informal environments for the purpose of discussing business deals. As seen in the English case of Blue v Ashley, the Court was very critical of the fact that two intelligent men of business, would go to a pub, become severely intoxicated and purport to strike a multi-million dollar deal, on the basis of a verbal agreement and a handshake.
Essay question: Do you agree with the judge’s criticism and ultimate ruling in the case?
Required: Explain the legal rules for creating a legally binding contract. You must refer to relevant law each time you state a new legal rule. Then, in light of these rules, critically analyse the conduct of these two businessmen which led to the judge’s decision in the case. Tip: Use sub-headings to separate your arguments for each element. In your conclusion, give a clear answer to the essay question above and provide a brief summary of your main arguments.
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