The primary issue in this scenario involves determining if Red Carpet Limited (RCL) can do anything about Computerlink's failure to provide 24 hour 7 days a week support service that was promised by mouth but not by contract.
John answers this inquiry by saying to Lee, "I have a full and reliable team at Computerlink who delivers a 24 hour helpline 7 days a week." Because he has confirmed that this sort of support is available, he shows his intent to be legally bound.
John never said anything signifying a retraction of that offer and neither party made a counter-offer because Lee accepted the terms. John knowingly withheld the change in terms he was aware of because he knew Lee would not accept those terms. This sort of knowing deception can often void a contract.
Because there is nothing in writing stating that Computerlink would provide support service 24 hour 7 days a week, it will be difficult for RCL to prove that this oral agreement existed. If Computerlink admits to saying that or if RCL somehow proves they said that, Computerlink will be held legally responsible for their breach of the contract.
Dave, a young assistant of the chief technician of Computerlink, is left at RCL to wrap things up and finish the job. It was his responsibility to lock up and set the alarm system before he left, but he failed to do so. This failure to comply with necessary procedures allowed for some rowdy teens to cause an immense amount of damage to the property of RCL.
While it may seem that Dave is to be held responsible, the Employment Relations Act of 2000 puts forth that Computerlink is to be held responsible. ...