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Question: Law Scenario Question - Binding of Contract

Your client, Sleek Computers Limited (SCL) based in England, manufactures and distributes Computers and computer accessories all over the world. The directors of SCL decide that they would like some authentic antique china on display in their new head office to impress customers. One of the directors has, for his neighbour, an elderly lady who has a fine collection of Victorian china. He visits her and discusses the possibility of acquiring her Victorian collection. In spite of her reluctance to sell her collection, he pressurises her into selling it for a fraction of its real value. Her son has now approached SCL, threatening to sue them, but the directors want to keep the china, as many clients who have visited the new office have shown great interest in the Victorian collection.

Advise SCL as to whether the contract would be upheld in court. Would your answer be different if the scenario was set in Scotland and the case heard in a Scottish court?

[Your answer should not exceed 350 words]

Answer: The legal issues are if the contract can result in voidable because of one party being taken advantage of and if the son can act on his mother’s behalf.
Since the case does not provide much information, for analysis purposes, the existence of a valid contract between the woman and SCL has been considered prima facie being representative the following:
- Sufficient consideration was provided.
- Both parties were legally capable and free to agree to whatever they want to.
• Director is acting as an agent of his company.
• The woman is assumed to have capacity until it is proved otherwise[1].
The law says that if a party acted under illegitimate pressure the contract may be voidable. The legitimacy of the pressure that the director put on the woman should be evaluated.
There is neither evidence of the kind of relationship between the woman and the director nor to ...(short extract)

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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 733
  • Date submitted: December 23, 2019
  • Date written: January, 2019
  • References: No
  • Document type: Essay*
  • Essay ID: 8775

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