B
BLUELI
Guest
- Jurisdiction
- Alabama
Matt Santos is an independent politician intending to nominate for a Senate seat at a soon-to-be announced election. Matt wants to give himself every opportunity to win and is very concerned about raising enough funds to be competitive. Arnold Vinick is a former politician and is now a very well known fundraiser of political donations. Matt is keen to have Arnold work for Matt in the runup to the election. They meet to discuss a possible arrangement.
Matt starts the negotiations with several strong statements, which he makes emphatically, 'I saw what Clive Palmer spent in his election; I need you raise at least three million dollars in the next six months for me to have a chance. A million every two months is what I want. However, I don't want you to solicit or accept any money from the "sin" industries [gambling, alcohol, tobacco]. It's quite important to me that I maintain the appearance of independence, although, in the end, I really want to win.'
Arnold replies, 'Three million is a lot of money and you're not very well known. I can't work miracles – especially if you don't want me to get money from the "sinners".' Matt replies, 'Now – you know about the reporting requirements for political donations; I expect you to keep accurate records of everything that comes in so that I can update the donation register as required.'
Arnold then says, 'Yes – I can do that. There are a lot of small details to cover in those records – it's very bureaucratic – but it can be done. I charge a lot for my services - $15,000 per month plus 3.5% of anything I raise.' Matt indicates that he is fine with those figures.
They shake hands and the 'deal' is 'done'.
After two months, Arnold informs Matt that he has only raised five hundred thousand dollars. Matt enquires about the donation records and Arnold notes that he has been too busy but will do them 'soon'. After four months, Arnold comes to Matt and says, 'Look, I've now raised around one million, four hundred thousand dollars since I started but I've only been able to do this by raising funds from several gambling interests and alcohol producers. This is not going well; you're not popular; no one likes you. I'm going to keep going but I can't see this working out.' Matt again asks to see the donation records and Arnold demurs.
Matt shouts, 'I'm going to lose the election because of this! And even if I lose, I could be in trouble if I don't have these records. I'm not putting up with it; I'm terminating this arrangement immediately.' Matt walks out on Arnold. Matt is very upset with Arnold but is concerned he's gone too far in terminating the agreement. He speaks with his solicitor, who immediately commences litigation seeking a declaration that Arnold has breached his promises under the contract and Matt had a right to terminate immediately.
At trial, the learned judge refuses to issue the declaration as she finds that Matt did not validly terminated the contract as the terms that were breached were not conditions and the consequences were not sufficiently serious. Matt Santos appeals the decision to the Court of Appeal.
Task:
You are the appellant, Matt Santos examine whether the terms are conditions or warranties.
Make it into a argumentized speech and give reasons for your choice.
Matt starts the negotiations with several strong statements, which he makes emphatically, 'I saw what Clive Palmer spent in his election; I need you raise at least three million dollars in the next six months for me to have a chance. A million every two months is what I want. However, I don't want you to solicit or accept any money from the "sin" industries [gambling, alcohol, tobacco]. It's quite important to me that I maintain the appearance of independence, although, in the end, I really want to win.'
Arnold replies, 'Three million is a lot of money and you're not very well known. I can't work miracles – especially if you don't want me to get money from the "sinners".' Matt replies, 'Now – you know about the reporting requirements for political donations; I expect you to keep accurate records of everything that comes in so that I can update the donation register as required.'
Arnold then says, 'Yes – I can do that. There are a lot of small details to cover in those records – it's very bureaucratic – but it can be done. I charge a lot for my services - $15,000 per month plus 3.5% of anything I raise.' Matt indicates that he is fine with those figures.
They shake hands and the 'deal' is 'done'.
After two months, Arnold informs Matt that he has only raised five hundred thousand dollars. Matt enquires about the donation records and Arnold notes that he has been too busy but will do them 'soon'. After four months, Arnold comes to Matt and says, 'Look, I've now raised around one million, four hundred thousand dollars since I started but I've only been able to do this by raising funds from several gambling interests and alcohol producers. This is not going well; you're not popular; no one likes you. I'm going to keep going but I can't see this working out.' Matt again asks to see the donation records and Arnold demurs.
Matt shouts, 'I'm going to lose the election because of this! And even if I lose, I could be in trouble if I don't have these records. I'm not putting up with it; I'm terminating this arrangement immediately.' Matt walks out on Arnold. Matt is very upset with Arnold but is concerned he's gone too far in terminating the agreement. He speaks with his solicitor, who immediately commences litigation seeking a declaration that Arnold has breached his promises under the contract and Matt had a right to terminate immediately.
At trial, the learned judge refuses to issue the declaration as she finds that Matt did not validly terminated the contract as the terms that were breached were not conditions and the consequences were not sufficiently serious. Matt Santos appeals the decision to the Court of Appeal.
Task:
You are the appellant, Matt Santos examine whether the terms are conditions or warranties.
Make it into a argumentized speech and give reasons for your choice.
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