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Mindmap

C310

Diego Nacu Englisch

Inhalt der Mindmap

C310

  1. 1st Case: Capacity

    • s 85
      • Is Simone a minor?
        • Yes, she is younger than 18
          • s 92
            • But because its a work contract she will be treated as if she were of full age
              • Because of this she cannot claim that she lacked full legal capacity when entering the contract
  2. 3rd Case: Unconscionable Bargains

    • s 93
      • the court may make orders if service contract has unconscionable terms
        • Bowkett v Action Finance
          • 1.Did she have any special disability?
            • Perhaps, she was young, inexperienced in business matters, possibly pressured by Ramesh's status as a well-known art critic and as a mentor
              • 2. Should Ramesh have known about her special disability?
                • Yes, as an art critic himself he should known that ordinary person would'nt have agreed to his imbalanced offer
                  • 3. Victimisation - did Ramesh actively extrort Simone?
                    • Yes he did - there was a glaring disparity in terms of benefits to be received from the contract - and Ramesh took advantage of Simone's naivety.
                      • s 93(1) is satisfied, and the court can make an order per ss (2)(1) to cancel the contract
                        • The courtunder s 93(2)(b) may also make an order for compensation brought under s 95
  3. 2nd Case: Undue Influence

    • Royal Bank of Scotland v Etridge
      • 1. Was there a special relationship?
        • Yes, Simone was being mentored by Ramesh for a few months prior to the contract (mentor & mentee). An actual relationship of trust and confidence existed between the two.
          • 2. Was there a transaction that called for explanation?
            • Yes, the contract placed higher fees on her work than the standard rate
              • 3. Can Ramesh rebut the claim?
                • Allcard v Skinner
                  • Has she already affirmed the contract due to the time elapsed?
                    • Possibly - it has been 2 years since the contract was established
                • She Received independent advice?
                  • No - No evidence in the case

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Beschreibung
Mindmap am C310, erstellt von Diego Nacu am 04/09/2020.
Erstellt von
Diego Nacu
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