Q 1 Problem (6 marks) Recommended 250 words limit
Anya is a student who agrees to work in her mother’s pastry shop on Friday nights and Saturday mornings for $150 per week for the next 10 weeks. After three weeks her mother has only paid her $100 and tells Anya that she has changed her mind and won’t be employing her in future.
What will you advise Anya?
a) State the issue you need to consider.
b) State the relevant legal rule or rules relating to this problem.
c) State the main case or cases related to this problem.
d) Based on this information, if Anya sued her mother for a breach of contract would she win in court? What is your answer – yes? or no? Explain your answer.
Q 2 Problem (6 marks) Recommended 250 words limit
Greta tells her friend, Jala, that in appreciation of the love and affection she has shown Greta over the past 5 years since her husband left her, she will give $20,000 when her bank term-deposit matures in 6 months. Six months later, when the term-deposit matures, Greta tells Jala she will take her out to dinner instead of paying her $20,000.
Ignoring the issue of intention, what will you advise Jala?
a) State the issue you need to consider.
b) State the relevant legal rule or rules relating to this problem.
c) State the main case or cases related to this problem.
d) Based on this information, if Jala sued Greta for a breach of contract would she win in court? What is your answer – yes? or no? Explain your answer.
Q 3 Problem (6 marks) Recommended 250 words limit
Russell, had been offered tickets to the Asia Cup Final at the Melbourne Cricket Ground. As Russell, with his son Clay, approached the stadium, he joined a long line of cars edging their way slowly towards the car parking area. When Russell‘s car reached the entrance to the car park he paid a parking fee of $40 and was handed a ticket containing information on each side as follows:
Front facing side Reverse side
MCG
Admit one vehicle to
CAR PARK
Good for date of issue only
15-09-20
$40
Car or vehicle accepted subject to the following conditions:
Football Australia will not accept responsibility for any loss or damage whatsoever of or to the vehicle, its accessories or contents. Vehicles and goods are left at Customer’s risk.
He drove his car to the designated parking place, parked it and then, with his son, walked to the ground and watched the match. On their return they found that their car had been badly vandalised by unhappy supporters of the losing team. Advise Russell as to his chances of success if he sues Football Australia for a breach of contract given the exclusion clause on the ticket,
Q 4 Problem (6 marks) Recommended 250 words limit
Gladys owns a valuable racehorse. She is going overseas for four weeks and enters into a contract with Mac for the horse to stay at his farm during her absence. Mac’s farm includes two large paddocks each containing a dam. The only agreed terms are that Gladys will pay $1000 for the exclusive use of the farm’s two large paddocks for the four weeks she is overseas. When Gladys delivers the horse she discovers that Doug’s dams are completely empty and, with no other available source of water, she has to cancel her overseas trip because there is no time to find another farm where she could send her horse. Gladys wants to sue Doug for a breach of contract. Advise Gladys as to whether or not the contract has been breached. Ignore issues involving remedies.
See over for Q5
Q5 Multiple Choice questions 6 marks (no word limit applied)
Highlight in bold or use colour to highlight the most correct answer, for example:
The name of this unit is:
a Australian Law
b Mathematics
c Economics
d Introduction to Business Law or
Introduction to Business Law
1 The most significant development in the law regarding intention was in:
a Ermogenous v Greek Orthodox Community of SA
b Todd v Nicol
c Rose & Frank v Crompton
d Balfour v Balfour
2 Which of the following, if any, is an example of insufficient consideration in an agreement involving a computer?
a I will buy your computer for $2,000
b I will give you a computer worth $2000 on your birthday
c I will buy your computer for $1
d I will give you a bottle of wine for your computer
3 Imagine Jane owes you $500 and is due to repay it on February 1. Which of the following would be sufficient consideration?
a You agree to accept $300 from Jane on an earlier date
b You agree to accept $40 from Jane’s father on February 1
c All of these answers
d You agree to accept $400 from Jane on February 1 by executing a deed of release
4 In which of the following cases was the person bound because they signed the document?
a Toll v Alphapharm
b L’Estrange v Graucob
c Curtis v Chemical Dry Cleaning
d None of these cases
5 The age of the car was found to be a mere representation rather than a term in Oscar Chess v Williams because:
a The representation was contained in the written document
b The defendant had special knowledge concerning the age of the car
c The plaintiff had special knowledge concerning the age of the car
d All of these answers
6 A term may be implied in a contract as a matter of fact by the courts. Which of the following situations is not one where the courts would imply a term as a matter of fact?
a Where there has been a course of past dealings
b Where the contract is for work or materials
c Where the parties are in the same trade
d Where the term is required to make the contract effective term
End of Assignment
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