Business Law Questions

1          On what grounds might it be possible to get out of a contract for want of genuine consent?

2          What are the differences between the three types of misrepresentation?

3          Distinguish the three types of mistake.

4          Explain the difference between void, voidable and unenforceable.

5          What is the difference between undue influence, duress and an unconscionable contract?

6          Television advertisements showed two teams of battery-operated bunnies playing soccer. The message conveyed was that one team, powered by a certain make of battery, outlasted the other team that was powered by unidentified batteries. The team powered by the named batteries scored four goals while the other team powered by the unidentified batteries collapsed on the field. There were representations that the named batteries would last four times longer than the opposition and last four times longer than ordinary batteries. It was not stated that the named batteries were alkaline batteries and that the unidentified batteries were ordinary zinc carbon batteries.

On the basis of this advertisement Basil has bought a crate load of the batteries. Basil has found that the batteries that he has bought do not compare favourably to other alkaline batteries and are, in fact, more expensive than other alkaline batteries.

Is Basil able to get out of this contract?

7          Alistair lives in a home unit which a land developer would like to buy as a development site. All of the other owners of units in the block have agreed to sell to the developer. However, Alistair is sentimentally attached to the unit and is refusing to sell. A has had the tyres on his car slashed, stones thrown through his windows and his cat run-over. In a conversation with the developer, the developer commiserated with Alistair about Alistair's recent bad luck and urged him to sell yet again. The price offered was fair. In a parting shot the developer hinted that next time it might be more than the cat who was killed, noting that Alistair's grandchildren were often seen playing on the road. Alistair's wife urged him not to call the police but to sell the unit so they could move nearer to other family members. Alistair is worried about his grandchildren and would like to keep his wife happy. Reluctantly he agrees to sell but later has second thoughts and wishes to change his mind. 

Advise Alistair.

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