Wednesday, October 30, 2019
Commercial Law Assignment Case Study Example | Topics and Well Written Essays - 2000 words
Commercial Law Assignment - Case Study Example In fact, he speaks very little English. This means that Nathan may not be able to make an informed bargain or decision, if he engages in a contract where the other party speaks English due to the limitation in language. On the other hand, John works as a sales representative with a telephone company known as Dubious Connections Pty Ltd. He sells telephone contracts. John was aware that Nathan knew nothing about telephone contracts and that he did not understand most of the matters that are discussed in English. Nathan was influenced to enter into a contract by John, as the latter told the former that there was a special promotion just for that day and that if the former signed that day, he was entitled to a free iOS7.1 telephone. Therefore, Nathan was under undue influence to enter into this contract, given that he did not understand much English to have the capacity of making an informed decision. In addition, John explained the main features of the contract, but he knew that Nathan did not understand most of the details. John did not offer to get an interpreter to explain the terms and conditions of the contract to Nathan, who thought he could terminate the contract any time and simply return the phone. Nathan was not aware that the contract was to run for three years, and terminating the contract at any time during this period, Nathan would have to pay the full contract price of $3,120, plus $ 800, which is the price of the iOS7.1 telephone. However, after two months into the contract, Nathan found out that the additional expense of the monthly phone bill was difficult to manage, given that he received a meager allowance from Red Cross. Nathan now wants to terminate the contract and return the phone. From the aforementioned issues, a determination whether there was a valid contract between Nathan and Dubious Connections Pty Ltd is made. Also, the remedies available to Natha n are outlined and discussed. Unconscionable conduct
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