Essay on "Jay's Legal Considerations"

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Essay 6 pages (1748 words) Sources: 10

[EXCERPT] . . . .

Unless there is language in the contract absolving the parties from their respective duties in the event of a change in circumstances, both the duties of both parties remains the same. Jay may attempt to approach Harris and offer to pay him in accordance with what he has already completed but Harris is under no legal duty to accept such a compromise. Harris can either complete the mural project and tender it to Jay and demand full payment, depending on the terms of the contract, or negotiate with Jay for partial payment for the work that has already been completed. Harris is in the superior negotiating position and should hold firm. Under the presented circumstances, Harris has little to lose.

References

Air Great Lakes Pty. Ltd. v. KS Easter (Holdings) Pty. Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).

Brereton, P.L. (2007). Equitable Estoppel in Australia: The Court of Conscience in the Antipoded. Sydney: Australian Law Journal Conference.

Bressan v. Squires, 2 NSWLR 460 (Supreme Court of New South Wales 1974).

Chapple, L. (2002). Corporate Authority and Dealings with Officers and Agents. CCH Australia Limited, 1-192.

Empirnall Holdings Pty. Ltd. v. Machon Paull Partners Pty. Ltd., 14 NSWLR 523 (Court of Appeals Supreme Court NSW 1988).

Hudson Holdings Ltd. v. Rudder and French, 128 CLR 387 (High Court of Australia 1973).

Musumeci v. Winadell Pty. Ltd., 34 NSWLR 723 (Supreme Court of…
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