Hugo owns a theatre company and has recently entered into a number of contracts.
He rented a lorry from Go Van Hire Ltd for a period of 12 months, while he took a play on tour throughout Hong Kong. The contract provided that the lorry would be roadworthy. Unfortunately, there was a fault in the engine and, due to a shortage of spare parts, the lorry was unavailable for the first two months of the contract period. Hugo had to hire another lorry on a weekly basis at a considerably higher cost, until Go Van Hire Ltd was able to provide him with their lorry.
Two months before the show was due to open, Mark, the stage manager, died suddenly. Hugo asked his daughter, Nina, who had recently graduated in theatre studies, to take over as stage manager and she agreed.
Hugo had hired the famous actors Indy and Jack as lead actors in his play. Before rehearsals began, Indy fell ill and Jack broke a rib.
Indy and Jack failed to attend the start of rehearsals. Consequently, Hugo hired Kev (to replace Indy) and Les (to replace Jack).
Indy was only ill for the first three days of rehearsals, but was available for the remaining rehearsals and for the play.
Jack missed all the rehearsals and the first two weeks of the play. Hugo had to pay Les at a significantly higher rate than he had agreed to pay Jack.
Six months into the tour, a theatre, owned by Ken, in which the company was due to perform, accidentally burned down. Hugo had paid Ken a deposit of $10,000, which Ken is refusing to return.
Required:
b Explain how a court would determine whether there is an intention to create legal relations in the agreement between Hugo and Nina.
ci) Explain the effect of the theatre burning down on the contract between Hugo and Ken.
cii) Explain whether Hugo is entitled to reclaim his deposit.