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legislation my find it illegal to with hold pay for no reason 

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legislation my find it illegal to with hold pay for no reason 

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Counter argument - Limitations to the parole evidence rule 

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Counter argument - Limitations to the parole evidence rule 

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see Equuscorp Pty Ltd v Glengallan

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"i guess" doesn't sound very promising

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Test if terms From Hospital Products Ltd v United States Surgical Corporation Ltd (1984) 156 CLR 42

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Test if terms From Hospital Products Ltd v United States Surgical Corporation Ltd (1984) 156 CLR 42

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"Whether the representations would reasonably be considered, by the person to whom they were made, as intended to be contractual promises; and if that person intended to accept them as such"

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was their terms of an agreement that were made orally and written?

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was their terms of an agreement that were made orally and written?

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No, Is the agreement written or partially oral

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No, Is the agreement written or partially oral

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yes Blink included a whole agreement clause and intended the written contract to be the whole agreement 

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yes Blink included a whole agreement clause and intended the written contract to be the whole agreement 

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Extrinsic materials cannot be used, and the parole evidence rule would most likely used as a counter argument against jack
see Hoyt's Pty Ltd v Spencer (1919) 27 CLR 133

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was there a whole agreement clause in the contract?

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was there a whole agreement clause in the contract?

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if so estoppel cannot take place as it would be unconscionable Jack would still trust in Helenas promise, or not have it confirmed in writing, after reading the entire agreement clause.

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if so estoppel cannot take place as it would be unconscionable Jack would still trust in Helenas promise, or not have it confirmed in writing, after reading the entire agreement clause.

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Jack took consideration from Helenas guarantee acting under actual authority of Blink, hence the promise made would likely be held and jack be paid damages 

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Jack took consideration from Helenas guarantee acting under actual authority of Blink, hence the promise made would likely be held and jack be paid damages 

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Griffith Cj in International Paper Company v Spicer;

Where the Principal (blink) has given an express grant of authority to the agent to bind it in contract with TP’s (Jack). Conditions may be placed on the grant of actual authority (e.g. you may act as my agent to enter into contracts up to $X on my behalf).

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Yes. Under what authority was she acting?

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Yes. Under what authority was she acting?

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3 types from International Paper Company v Spicer [1906] HCA 75; 4 CLR 739; 13 ALR 481

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as this contract is not based on something illegal in the contract 

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as this contract is not based on something illegal in the contract 

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illegality may be hard to argue and not a preferred tool however withholding pay from a contractor with no reasonable grounds may give rise to legal action.

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is it possible to perform the contract legally i.e obtaining a license 

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is it possible to perform the contract legally i.e obtaining a license 

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how can jack avoid the enforcement of the contract 

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how can jack avoid the enforcement of the contract 

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Yes, Jack Suffered financial loss and his other job. 

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Yes, Jack Suffered financial loss and his other job. 

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does the representation conflict with the written contract 

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does the representation conflict with the written contract 

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(Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2006] QCA 194)

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did jack act/rely on the assumption to his detriment

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did jack act/rely on the assumption to his detriment

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"The estoppel is binding as soon as the promisee acts on the promise to his detriment". [Brennan J at 550] CTH v Verwayen

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if the statement is promissory it has to unambiguous and clear. see KIA v Bensons

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if the statement is promissory it has to unambiguous and clear. see KIA v Bensons

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would a reasonable person taken Helena's statement as a promise.

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Did Helena Induce jack to adopt the assumption that the entire engagement clause stated would not be enforced?

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Did Helena Induce jack to adopt the assumption that the entire engagement clause stated would not be enforced?

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can promissory estoppel over come the parole evidence rule

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can promissory estoppel over come the parole evidence rule

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Yes, estoppel is a better tool in this situation .

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is it a promise that Blink would not enforce contractual rights against Jack (entire agreement clause)

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is it a promise that Blink would not enforce contractual rights against Jack (entire agreement clause)

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is Blink Estopped from denying their guarantee (made via Helena) was a term of the contract 

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is Blink Estopped from denying their guarantee (made via Helena) was a term of the contract 

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If a party raises an estoppel to resist the enforcement of a contractual right - this is what we mean by using estoppel 'as a shield not a sword' - Central London Property v High Trees

[1947] KB 130

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Expressed terms incorporation - Parol Evidence rule 

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Expressed terms incorporation - Parol Evidence rule 

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agency Tool

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Estoppel
Third party
illegality
Parol Evidence Rule incorporation

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Who are my clients and what do they need?

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Who are my clients and what do they need?

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Jack is my Client, and jack needs his payment for work completed.