NSW Hypothetical Question

Discussion in 'Australian Law Students Forum' started by gxgi, 24 September 2018.

  1. gxgi

    gxgi Active Member

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    Hi to all!

    Johnson instructs Kepler Wessels to purchase a brand-new Maîtres du Temps Chapter One from Thomas Muller for no more than $400k and because he wishes to remain anonymous, Johnson asks Kepler not to disclose his identity to Thomas Muller. In fact, Kepler does not even disclose to Thomas Muller that he is acting for another party in his negotiations with him.

    Thomas Muller refuses to sell for less than $550k and Kepler, realising the potential value of the jewellery, agrees to pay $550k believing that Johnson will consent to that price on learning of the circumstances.

    In fact, Johnson refuses to pay for the jewellery. Explain, with reasons, whether Thomas Muller can enforce the contract against Johnson (upon learning of his identity)


    Who is liable on this contract?
    Can Johnson ratify?
    Can the seller sue the principal?
    What would happen if the principal accepted the contract?

    Regard
     
  2. Tim W

    Tim W Lawyer
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    1. Please limit your posts to one per topic.
    2. Stop spamming us with fake User IDs.
    3. Please write your own Contracts assignment.
     
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