Argument on a Contract
Homework 2 Scenario:Jana is a successful businesswoman. Owing to her success and large wealth, she is often subject to pressure when negotiating her business deals. Jana accepts that this is part of business but is particularly concerned in relation to a few contractual issues.Contract one is for the sale of some of her goods. Khalid has sent Jana a personal email which states “you must sell me five of your dresses for $10 each or there will be blood, I know who your daughter is”. Jana went ahead and did what Khalid asked, because she felt like she had no other alternative but to do so in order to protect her daughter.Is the contract valid? Why?Contract two is between Jana and her Lawyer. Jana’s lawyer has been persuading Jana to enter into a contract which she feels isn’t very advantageous to her. Jana’s lawyer has pestered Jana over a sustained period of time and Jana has felt pressure to take the contract in order to keep a good working relationship with her lawyer.Is the contract enforceable? Why?Finally, Jana is having an issue with one of her distributors. The distributor had previously asked Jana for her designs and to use her trademark to make similar dresses as per customer request. No express contract was entered into between Jana and the distributor. In good faith, Jana sent the designs to the distributor. A few weeks later, the distributor released various dresses using Jana’s design under their own trademark name.Can Jana sue the distributor for damages?Does Jana have any remedy under the equity principle?