Law

Assessment 1: Business Law

Question 1

On 1 June, ‘World of Fitness’ placed the following advertisement on its website:

‘Fantastic Introductory Offer! Complete the following steps by 16^th June and you will be rewarded with your next six months’ membership at World of Fitness for Free! Buy six months’ standard membership at ‘World of Fitness’ and run 5 Kilometre in 20 minutes in our Gym under the supervision of our trainer’.

On 5 June, Jennifer saw the advert on the website and, as a result, paid for six months’ membership as a result.

On 6 June, she attempted run 5 Kilometre in 20 minutes under the supervision of the trainer Franco. However, she was unable to complete within that time.

On 8 June, ‘World of Fitness’ placed a further notice on its website which stated that the introductory offer was no longer available. Jennifer did not see this notice. Jennifer practised very hard and, on 14 June, under Franco’s supervision, she successfully ran 5K in 20 minutes..

Advise Jennifer as to her rights under contract law.

Deadline: 0930 25 June 2021

Word count 500-750 words

Essay Submission format – very important

You must:

• use Arial font, size 12
• use double line spacing
• have 2.5cm margins down the left and right of the page
• insert a footer to include page numbers, your name and student number
• upload your work in Word format into the appropriate ‘drop box’ on Canvas.
• complete the pro-forma declaration cover sheet and attach this to your assignment.

Please ensure that this sheet includes:

• report Title (your chosen company name with ‘Case Study’),
• course title & module name (e.g. IY1 Business & Management, Business Law)
• group (e.g. IBM_J3),
• your student candidate number
• your word count on the cover sheet.

ANSWER

Contract Law

Introduction

Each party under the law is guaranteed rights through a legally valid contract to the parties that have made an agreement. The rights are either written or orally made. Rights can also be implied, where for example, each party has a right to have a fair and transparent disclosure of the contract material itself.  The contract rights exist on each side of the contract but are likely to look different depending on each contract’s content.  The rights are related to contract duties, where each party is expected to abide by the required obligations to perform that each party has under the terms of the agreement.

In this case, there is a well-written contract between the “World of Fitness” and Jennifer. The two parties under the agreement agree on a certain contract by which the two must abide.  Jennifer is expected to buy six months’ standard membership at ‘World of Fitness’ and run 5 Kilometers in 20 minutes in the gym under the supervision of a trainer. This is to be done by 16^th June.  Jenifer paid for the six months by 5^TH June, and by 6^th June tried her first attempt, which she was unable to. She then tried again on 14^th June, but by then, the company had already removed the offer by 8^th June, hence even after competing, she was denied the offer she had signed for.

According to the contract, Jenifer has the right to the offer based on her signed contract. Since she had already paid on time, she started her training. Jennifer had already signed that she had already managed to run 5 kilometers in 20 minutes before the agreed due date, despite the company stating that the introductory offer was no longer available as of 8^th June. Jennifer had already paid for her subscription by 5^th June and hence had the right to get the next six months’ membership at World of Fitness for Free as per the contract. This is since she was up to date and had not broken the contract in any way.

As per the agreement, the World of Fitness is already breaking the contract since it is not fulfilling its end with Jennifer.  This means that Jennifer has the legal right to sue the company and be given her share of rights, which is to have a six-month free subscription since she had followed what was signed in the contract to the latter. Given that the “World of Fitness has violated the contract rights’, Jennifer may have a legal claim. After reviewing the contract, it is manifest that there are specific provisions that violate her contract rights and which should be addressed immediately to enable her to get her six months free subscription. However, Jennifer should also note that the other party may also present its side of the story, which may try to insinuate that she was the one who is in breach of the contract.  Therefore, she could use an attorney sue for damages caused by the violation and request that the company pays or keep up with what they agreed before she signed the contract.

Conclusion

After signing a contract with “World of Fitness, it is manifest that Jennifer might have been short-changed, which is a clear breach of contract. Therefore, Jennifer has the right to sue the company and demand either compensation or have her six months free subscription offer reinstated. Under contract law, Jennifer is highly likely to get relief, where she has to prove that the breach of contract occurred.