You are a commercial contracts lawyer who has been retained by: The Fed, The Joker; Naddy; and Ms. Ash to help them understand their rights/responsibilities as per their negotiations with th
You are a commercial contracts lawyer who has been retained by: The Fed, The Joker; Naddy; and Ms. Ash to help them understand their rights/responsibilities as per their negotiations with the powers to be of International Tennis (“IT”) re: promotional activity.
The facts and issues are as follows:
a.
IT have informed the Fed that they offer the best services in the world. They go on to state that no one cares more for their employees than they do.
Excited by what he had heard, the Fed agrees to sign a one-year promotional contract with IT for one-million dollars.
Less than two-months had elapsed when the Fed started to develop concerns and doubts as to IT’s care for him. The Fed had heard that other tennis organisations offered hugs, birthday presents and daily text messages of love. The IT were not offering this. Instead, they provided a professional relationship more akin to traditional values and customs.
The Fed comes to see you to discuss his options.
Has IT provided the Fed with an invalid offer re: their services?
b.
The Joker has been offered a one-year promotional contract with IT for one-million dollars.
IT provided this offer in writing and was formally dated. IT sent an agent to personally deliver this offer to the Joker at his new residence at a hotel in Carlton, Victoria.
At the very end of their proposal, it states: “If we do not receive any response or communication from you by 5pm tomorrow, we take it that you have agreed to this agreement”.
The Joker was not interested in this agreement and chose to ignore their offer.
Three days after the letter was delivered, IT called the Joker to inform him that he had his first IT promotional gig booked for the following week. The Joker is confused and comes to see you to discuss his options.
Is the contract between IT and the Joker binding?
c.
Naddy is not feeling well. He takes a rapid antigen test that shows that he has tested positive for COVID-19. Naddy lines up for 5 hours for a PCR test. His results come back 48-hours later confirming that he does in fact have COVID-19, more specifically, the omicron strain.
Naddy has a few big months ahead of him. As the ‘king of clay’, he does not want to miss out on the clay-season. This is where he wins most of his matches. With this comes money and valuable ranking points.
He sees an advertisement in the local paper advertising ‘wonder tablets’ as manufactured by Medical Company ABC 123 Pty. Ltd (“MC ABC”). The advertisement states that these tablets help cure many illnesses and conditions within one-week of completing their prescribed dosage, including COVID-19 – both the delta and omicron strains. MC ABC are so confident with their tablets that they offer a full refund plus a $1,000.00 cash payment if the tablets do not cure your particular illness.
The conditions of use are that individuals must take 5 tablets a day for one week and consume with food.
Naddy purchases the tablets and takes them in accordance with the conditions as outlined.
Ten days after taking the tablets Naddy is still feeling unwell. He undertakes another PCR test that confirms that he still has COVID-19, the omicron strain. Further investigation shows that this is the same infection that he contracted some weeks ago; it is not a new occurrence.
Naddy calls MC ABC and demands both a refund and the $1,000.00. They say to Naddy that there is no contract in place. They further explain that their advertisement was merely a marketing exercise and that it was designed to attract global attention and purchases.
Is there a contract in place between MC ABC and Naddy?
d.
Ms. Ash has been offered a one-year promotional contract with IT for one-million dollars.
IT provided Ms. Ash with a written proposal. A condition of this proposal was that she accept ‘in writing’ and that she provides a response within 48-hours.
Ms. Ash thinks about the deal overnight and the next day, she and her close confidents decide to accept the deal. Ms. Ash likes to execute/finalise deals on her own and not utilise her agent. She therefore picks up the phone and calls IT management. She tells them that she accepts the offer and looks forward to working closely with them over the next 12-months.
A couple of days pass and Ms. Ash has not heard anything further from IT. Further, she notices other tennis players such as ‘the Special C’s’ and ‘Meddy’ starting to provide promotional services for IT.
She has her agent call IT. They tell her agent that Ms. Ash failed to agree/formalise the agreement within time.
Is IT bound to any contract with Ms. Ash?
With reference to case law, provide your advice to – The Fed, The Joker; Naddy; and Ms. Ash.
Referencing: Include an AGLC Complaint Bibliography and Footnotes.
Research: Use both primary and secondary sources
Style: Answers can be presented in either essay form or a Memorandum of Advice. Your answer should use the IRAC structure for the problem based questions.
Please provide in Twenty-Five Hundred Words.
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