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The assignment has three parts. Parts A and B require you to solve problem scenarios;
Part C requires you to write a short essay based upon your analysis in Part B. For problem-solving in Parts A & B you may wish to ask your lecturer for guidance on
some suggested approaches to structuring your answers around issues. Some tutorial questions you have attempted will provide a good model. For Part C you are being
asked in a short essay to apply some wider research and provide evidence of independent thought.
Assignment Assessment Criteria
You will be assessed on the extent to which you have:
• 1. answered the task questions;
• 2. used good English expression, correct spelling, good punctuation and grammar and have proof read your work;
• 3. used a logical structure, with headings. (It is important that you develop the capacity to communicate professional advice clearly. In order to do this you need
to carefully structure your answer in such a way that anyone reading your work is made aware of what is going to be talked about, and is led in a logical way through
the arguments to a conclusion);
• 4. been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate;
• 5. used statutes (less relevant for contract) and cases to support your arguments, as appropriate. Further, you must rely on cases/legislation (less relevant to
contract) to explain/support/justify the arguments you are making but these cases can be obtained from textbooks. You are encouraged to use cases and/or legislation
which have been discussed in the classes and which can be found in textbooks. The
selection of cases and legislation (less relevant to contract), however, is up to you. What is important is how the cases you have selected support your overall
arguments;
• 6. analysed, argued or discussed as required by the task questions; and
• 7. found, read and used other resources.
Part A – 10 marks:
Adam says to his work colleague Colin: ‘if you drive my pet Doberman, Brutus, to Sydney I will pay you $3000’. Colin says nothing. Three days later he drove Brutus to
Sydney. Brutus became very car sick during the trip because of Colin’s erratic driving. (Brutus had never been car sick before on long drives.) On arrival in Sydney
Brutus was so dehydrated
from car sickness that he had to be taken to an animal hospital. This required Adam to pay $1000 in veterinary expenses. Adam refuses to pay Colin $3000.
(i) Has any contract been formed here? If so how was it formed and what are its terms? If not, explain why no contract has been formed. (5 marks)
(ii) Assuming that a contract has been formed, has it been breached? If so, what remedies arise? (5 marks)
In your answers, refer to the general law of contract only. Do not refer to any statute law.
Part B – 10 marks:
Mary, a frail but mentally sound 87-year old woman, is in the front garden of her old weatherboard home. Duncan, a big man who was heavily tattooed and wearing
leathers, parks his motorbike outside her garden and strikes up a conversation with Mary. He told Mary that: “I am a licensed painter and I could paint the exterior of
your house for a good price – $8000”. Mary obviously felt intimidated by Duncan and hastily agreed. The next day Duncan arrived and over the next two days painted her
house. During this time Mary discovered from her daughter’s inquiries that had Mary received competitive quotes for the painting work, the going rate for painting her
house was about $4000. Her daughter also discovered that Duncan’s registration as a licensed painter had lapsed two weeks ago because he had forgotten to pay the
renewal fee. The job is now complete and Duncan has asked Mary for $8000.
1. Is Mary contractually obligated to pay Duncan the $8000?
2. In your answer, refer to the general law of contract only. Do not refer to any statute law.
Part C – 15 marks:
Using your analysis in Part B as an illustration, explain how the rules of common law and equity work together to produce a general law of contract.
You should start by using your prescribed text and then utilise a range of additional academic sources to help you answer this question.
ATTENTION PLEASE!!!!!!!
Please use relevant theories from the lecture slides that i just uploaded. The completed paper please do not use "turn it in" to check similarity, because my
lecturer also need me to use my college’s turn it in system, once the paper has been turned in to the database, there’s a record of it.
[meteor_slideshow slideshow=”arp2″]
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