VIC Contract Law assigment question help

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adav6638

Active Member
15 December 2023
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Can I please have help for a contract law question I'm stumped over...

Steven owns a scallop fishing boat and leases it to his cousin Danny for $20,000 per year for 10 years in 2017 to 2027.
After 3 years of fishing, Danny realizes the scallops populations have dropped affecting his income and after negotiation, Steven decides to drop the yearly fee to $10,000 although they don't sign on it.

Another 3 years later, the scallops seem to have a population explosion and Danny tells Steven that he can afford the $20,000 yearly fees again. Steven agrees and then says he will also need the $30,000 he didn't get the past 3 years.

Does Danny need to pay him the $30 000?

It isn't just a yes or no question but the correct terms need to be applied, i.e. using the IRAC method, what rules/legislation is relevant?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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This is a contract question - common law applies to contracts. And equity comes into play.

Read the UK High Trees case from 1947 and post back here what you learnt.
 

Tim W

Lawyer
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28 April 2014
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Sorry, but we won't write you essay for you.
IRAC the facts you have.
Then look to the elements of a contract,
and work your way through which is which
in the scenario you have.

As to High Trees, start by consulting a legal dictionary
for the concept called promissory estoppel.
And, you may find this of interest.
 

adav6638

Active Member
15 December 2023
14
0
31
Thank you for the replies they are very helpful.
Honestly it is not an essay question or homework but rather the question I completed for a 10% worth proctored test for my contract law unit online right before posting this for help and am relieved my answers are quite similar to the High Trees case which I did not know about previously.
I also did mention promissory estoppel in my answer. Looking forward to the final exam, and I will invest in a legal dictionary.
Thanks.



Sorry, but we won't write you essay for you.
IRAC the facts you have.
Then look to the elements of a contract,
and work your way through which is which
in the scenario you have.

As to High Trees, start by consulting a legal dictionary
for the concept called promissory estoppel.
And, you may find this of interest.