Report on Contract Law
On accordance to the first scenario Rosso, who is residing abroad, enter into a contract with Sparkles for cleaning the house in the city and in pursuance to the same makes available the key of concerned place on 15th January 2016. However, after some time when Rosso returns, to his shock, he finds the entire house in mess. He discovers that the entire place was filed with dust and his belongings were broken into pieces. Apart from others, one of the most valuable possessions of Rosso, an antique desk, was also found broken. It has been ascertained that the desk alone shall require repairs worth $10,000. In accordance to the facts it has been ascertained that there was a clear breach of contract from the end of service providers. Moreover, another issue which is raised in the situation is that Sparkles Ltd. Operated to provide cleaning services only that are elderly and surviving on the basis of pensions. Hence, whether the action of company can be considered as ultra vires to the object mentioned in the memorandum or Rosso shall be entitled to claim damages..
In order to analyze these facts it is important to understand the vitiating factor of unconscionability.Law presumes existence of this factor where it is so oppressive or unreasonable for a party to make a decision, that minimum standards of dealing in a fair manner are also not met. In such cases one of the parties occupy a special disadvantageous position, while the other benefits from the opportunity so created by such a position. A similar position can be witnessed in the present scenario as Ted is in a disadvantageous position which has given Belinda an opportunity to include terms which are more favourable for her. Hence, in connection to this situation it can be stated that requiring Ted to make a decision in such a condition was so oppressive and unfair in nature, that the entire contract shall be vitiated. Moreover, the advice of Jan can also not be trusted as she had not gained education to understand the repercussions of different terms which are included in the contract. Hence, the fact that Ted signed the contract relying on the advice of Jan shall not hold any relevance. Therefore, in such a situation Ted shall not be required to transfer the share in the name of Belinda, even if all the other terms were lawful. The rationale behind the same is that the manner in which consent of Ted was acquired cannot be considered as valid in nature, rather can be said to have influenced by the said vitiating factor.