Assignment Task: Advise Daniel and Jo whether they have entered into an enforceable contract with Ginette to pay half the profits and whether they are contractually obliged to pay the additional 20% to Frederico for the packaging.
How would your answer differ if Frederico had known that Daniel and Jo desperately wanted to market the skincare as soon as possible and, in late April, said that he would only finish the packaging on time if Daniel and Jo paid 20% extra?
Please cite all relevant Legal Cases and Caselaw, specifically from the UK Legal System. In addition, cite all Cases in OSCOLA Referencing.
Daniel and Jo have recently started a business and created a premium men's skincare range. Their USP is that each product in the field contains a simple booklet with a chart on how to build up the proper skincare routine for the customer. To expand their business, Daniel and Jo attended a regional "Small Business Fair" in January 2022, which was intended to allow local entrepreneurs to network with established business experts.
Daniel and Jo met Ginette at the fair, a marketing consultant for a famous European car manufacturer. She advised them they needed more contemporary product packaging and a good internet marketing campaign. Daniel and Jo arranged to meet Ginette during the fair at a "coffee and cake extravaganza" laid on by the organisers. All three were in a celebratory mood and embarked upon eating a giant chocolate cake. Ginette said that she thought Daniel and Jo's skincare range was "miraculous", and they all laughed about getting the content into the world's "Top 10". Ginette said, "I'm happy to give you advice anytime and teach you how to do world-leading marketing." Daniel and Jo agreed and said, "I think that must be worth half the profits. What do you say?" Ginette said, "Yippee! We have a deal". Immediately afterwards, Daniel and Jo started creating a new website and social media campaign, intermittently contacting Ginette for advice.
In February 2022, Daniel and Jo signed a contract with Frederico, a packaging specialist, to design and supply new packaging for their skincare products. The agreed date for Frederico to deliver the packaging was 1st May 2022, as this was the time Daniel and Jo were preparing to launch their new marketing campaign for skincare.
Unfortunately, in March 2022, Daniel and Jo received an email from Frederico saying that he would have difficulty finishing the packaging by 1st May 2022. Daniel and Jo were finding it a complex process to get a patent for their skincare range and desperately wanted to be able to market the product as soon as possible. Therefore, they told Frederico they would pay him 20% more if he finished the packaging on time. Daniel and Jo received the new packaging from Frederico on 1st May 2022 and began their new marketing campaign. As a result, their sales increased, and profits tripled.