Aidan owns a computer business. He agrees to sell the business to his older brother Tom...

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Aidan owns a computer business. He agrees to sell the business to his older brother Tom for $63,000. After each seeks legal advice, a formal written agreement is drawn up. The agreement contains a clause wherein Aidan agrees not to open another computer shop within 4 kilometres of the one he has just sold to Tom. After six months, however, Aidan opens another computer shop just two kilometres away. Tom wants to sue Aidan for a breach of contract but fears there was no intention to enter legal relations because they are brothers. Ignore any restraint of trade issues in your answer a) What is the issue you need to consider? (1mark) b) What are the relevant legal rules relating to this problem? (1.5 marks) c) Name (with full case citation) two relevant cases. (1.5 marks) d) What is your answer? (3 marks) - Will Tom win (Yes or No) - Explain your reason. Aidan owns a computer business. He agrees to sell the business to his older brother Tom for $63,000. After each seeks legal advice, a formal written agreement is drawn up. The agreement contains a clause wherein Aidan agrees not to open another computer shop within 4 kilometres of the one he has just sold to Tom. After six months, however, Aidan opens another computer shop just two kilometres away. Tom wants to sue Aidan for a breach of contract but fears there was no intention to enter legal relations because they are brothers. Ignore any restraint of trade issues in your answer a) What is the issue you need to consider? (1mark) b) What are the relevant legal rules relating to this problem? (1.5 marks) c) Name (with full case citation) two relevant cases. (1.5 marks) d) What is your answer? (3 marks) - Will Tom win (Yes or No) - Explain your reason.

Answer rating: 100% (QA)

a The issue that needs to be considered is whether the agreement between Aidan and Tom constitutes a legally enforceable contract b The relevant legal ... View the full answer