Question: CASE STUDY- Adriano and Theodora, while planning their wedding, decided to book their wedding reception at the Babbi Resort. On November 18 they contact the
CASE STUDY- Adriano and Theodora, while planning their wedding, decided to book their wedding reception at the Babbi Resort. On November 18 they contact the Resort and after an exchange of emails, the Resort confirms in an email that the date is available and attach a standard form contract to book the event venue. The total being $10,000, all services included. Theodora and Adriano sign the contract, which stipulates the payment terms as follows: A 10% non-refundable deposit upon signing of the contract being $1,000 to book and hold the place. Another 30% paid by the end of the working day of January 15th being $2,700, to be paid via email transfer. The 60% balance upon completion of the wedding reception being $ 6,300. However, on January 15 Adriano, who was responsible for the payment, got stuck on the highway during a snowstorm. The battery of his cellphone ran out and without a charger Adriano could not connect to anyone before 6pm, when he finally arrived home. He immediately wrote an email, apologizing for the delay and attaching the receipt of the $2,700 e-transfer payment, which he had just completed through online banking. His fianc Theodora was copied in the email. The next morning, the couple received an email from the Babbi Resort: Unfortunately, as youve breached the terms of the contract, we have canceled your booking and have couriered your $2,700 payment via cheque back to your home address. Theodora gets upset and calls the Babbi Resort complaining about the unjustified cancellation. Upon the inflexible reaction of the Resort Manager, Theodora demands to have back the $1,000 deposit that was initially paid. The Resort denies the request and the couple decides to sue the Resort. The case is brought to the attention of the Provincial Court. Based on this scenario:
1. Identify each of the six elements in the contract signed by the parties.
2. Provide a brief explanation of the legal grounds held respectively by the plaintiff and the defendant.
3. Rule whether you would sustain the arguments of the plaintiff or the defendant. You are required to base your decision using and clearly quoting the principles of the law of contracts, as outlined in your textbook
note- please ans carefully
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