Hui Cui owns Pharmacy WareHouse (PWH), a pharmaceutical shop next to the doctors' clinic located at Monash University, in the Campus Centre at the Clayton campus. Unfortunately, Hui's mother, who lives in Shanghai, is ill. Hui decides to spend the next six months with her mother in Shanghai. She enters into a written contract with another pharmacist, Simone, to run the shop in her absence. One of the terms of their contract is:

Simone will ensure the shop is open from 9 am-5 pm five days a week.

Before leaving for Shanghai, Hui tells Simone that she must open PWH from 9 am-5 pm on Mondays to Fridays, as many patients from the medical clinic visit the shop on those days to obtain medications they have been prescribed. However, after Hui leaves for Shanghai, Simone takes up another job at Australia Post on Mondays and Tuesdays, requiring her to be at the Australia Post shop from 9 am to 5 pm on those days. As a result, PWH is open from Wednesdays to Sundays (9 am-5 pm). When Hui comes to know that PWH is open on different days than she believes was agreed by Simone, she wants to terminate the contract.

Required: Advise Hui of her legal rights according to the law of contract. Use case law to support your argument. Fully explain your answer.

Answer rating: 100% (QA)

In this scenario Hui Cui entered into a written contract with Simone to run her pharmaceutical shop Pharmacy WareHouse PWH in her absence One of the t... View the full answer