QUESTION

Alexandra, a multi$-$award$-$winning designer, owned an old building in the Sydney

Central Business District. Although the building was old, it had several good tenants in

it and Alexandra wanted to knock it down and build a new one based around her latest

design.

On $1$ March $2024,$ Alexandra was approached by Harry, a producer of hip hop and

contemporary style dance videos. Harry had been impressed by Alexandra$$s design for

the new building and wanted to use its basement area for filming. The conversation

that followed between Alexandra and Harry was in these terms:

Alexandra: $$ I would grant you an exclusive right to film at the site for $6$ months from $30$ April when the basement will be completed... This would be in return for you promising to fulfill the contract you have entered in to with the local advertising agency to feature the park opposite the site in a dance video for the city$$s new publicity campaign$.$

Harry: $$Is there any room to negotiate over this, by extending the time$-$frame?$.$

Alexandra: $$No$,$ no there isn$$t$.$

Harry: $$Ok$,$ I will have to think about it$$

Alexandra: $$Well$,$ it$$s your call... I$$m prepared to go ahead on my stated terms$.$

By the time Harry returned home that evening he had made his decision. He mailed

Alexandra the following memo to her site address in a sealed envelope:

$$Dear Madam $...$ I am pleased with your proposal but I will have to consult the Legal Eagles

Inc. to write the deal up in the usual form, so we$$ve got it on record.

$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_$

Mr$.$ Harry Oldo $$

Harry had every intention of signing the memo but neglected to do so$.$ Nonetheless, he

obtained all the relevant approvals for filming, while Alexandra proceeded with the

building work as planned.

Recently, however, Harry called Alexandra saying that he had changed his mind and

although he had received the formal contract from Legal Eagles Inc., he would no

longer be signing it$.$

Advise Alexandra.

In your answer, consider all the elements of a contract: offer, acceptance,

consideration, intention and writing. Do not consider estoppel issues if any.QUESTION

Alexandra, a multi$-$award$-$winning designer, owned an old building in the Sydney

Central Business District. Although the building was old, it had several good tenants in

it and Alexandra wanted to knock it down and build a new one based around her latest

design.

On $1$ March $2024,$ Alexandra was approached by Harry, a producer of hip hop and

contemporary style dance videos. Harry had been impressed by Alexandra$$s design for

the new building and wanted to use its basement area for filming. The conversation

that followed between Alexandra and Harry was in these terms:

Alexandra: $$ I would grant you an exclusive right to film at the site for $6$ months from $30$ April when the basement will be completed... This would be in return for you promising to fulfill the contract you have entered in to with the local advertising agency to feature the park opposite the site in a dance video for the city$$s new publicity campaign$.$

Harry: $$Is there any room to negotiate over this, by extending the time$-$frame?$.$

Alexandra: $$No$,$ no there isn$$t$.$

Harry: $$Ok$,$ I will have to think about it$$

Alexandra: $$Well$,$ it$$s your call... I$$m prepared to go ahead on my stated terms$.$

By the time Harry returned home that evening he had made his decision. He mailed

Alexandra the following memo to her site address in a sealed envelope:

$$Dear Madam $...$ I am pleased with your proposal but I will have to consult the Legal Eagles

Inc. to write the deal up in the usual form, so we$$ve got it on record.

$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_$

Mr$.$ Harry Oldo $$

Harry had every intention of signing the memo but neglected to do so$.$ Nonetheless, he

obtained all the relevant approvals for filming, while Alexandra proceeded with the

building work as planned.

Recently, however, Harry called Alexandra saying that he had changed his mind and

although he had received the formal contract from Legal Eagles Inc., he would no

longer be signing it$.$

Advise Alexandra.

In your answer, consider all the elements of a contract: offer, acceptance,

consideration, intention and writing. Do not consider estoppel issues if any.