Posted: June 9th, 2016

Intention to Create Legal Relations

Task

You are a solicitor specialising in contract law. Write a memorandum of advice for your client, concerning possible claims and outcomes, should Poindexter Smith sue the producers of I’m a Nobody Get me In There’. You may choose whether you want to represent Poindexter or the producers. While your advice should be clearly written, it should discuss all relevant issues of law even if you believe the answer to one of the issues will dispose of the matter and these should be discussed in sufficient detail, so that it would be informative to another lawyer, as well as your client.

You can assume you are being asked to give advice after 30 September 2015.

The file includes:

1. Advertisement in the Sydney Afternoon Herald
2. Application form filled in by Poindexter Smith
3. I’m a Nobody invitation letter with ‘agreement’
4. Letter of resignation from Poindexter Smith
5. Receipt for fitness lessons
6. Email correspondence
7. Letter from Computer Repairs Inc to Poindexter Smith
8. Press release from Channel 20

The advice should be given using the material studied in the Contracts course up to and including “Intention to Create Legal Relations“. This is not intended to be a research exercise and so you should concentrate primarily on the prescribed course materials. You need not consider issues of agency.