All questions in Part A must be answered. You do not have to use IRAC to...

 

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All questions in Part A must be answered. You do not have to use IRAC to answer questions in Part A. Each question in this part is worth 5 marks. Your answers should make reference to cases and statutory provisions where relevant. The indicative word count for Part A is 1000 words excluding footnotes. 1. Jason is a computer wholesaler who has entered into a contract to provide specially customised computers to Ricky, a computer retailer. The ship in which the computers are being transported sinks due to a tsunami. Is there frustration? Give reasons for your answer. 2. Sonia is a chemist proprietor who has entered into a contract with Janine, a perfume manufacturer to supply Summer Scent No 55 for a sum of $300,000. Sonia entered into this contract given the strong customer demand for this perfume. After Janine produces an entire commercial batch of perfume, it becomes obvious that despite the labels on the bottles, Janine has provided Summer Scent No 50 to Sonia instead. Discuss what term (a warranty or condition) Janine has breached if Sonia wants to terminate the contract. 3. Imagine you are a judge of the County Court of Victoria. On a difficult point of law, you are faced with conflicting decisions of a single judge of the Supreme Court of Tasmania and a unanimous Court of Appeal of the Supreme Court of New South Wales. Which precedent must you follow, if any? Also, could you follow a strong decision of the Supreme Court of Singapore on the point of law? Discuss and give reasons for your answer. 4. Danny wants to buy a car, so he visits a car dealer on a Saturday. Danny speaks to Adrian, a car dealer and Adrian recommends a new sedan to Danny. Danny is happy with the car and asks Adrian to prepare the contract of sale. Adrian then informs Danny that he must pay 50% deposit and the deposit will be forfeited if Danny does not return with the balance by 9 am on Monday. Danny is not very happy with such a short turnaround time, but he really likes the sedan, so Danny pays 50% deposit and signs the contract of sale. Does section 23 of the Australian Consumer Law render the term: "50% deposit will be forfeited if Danny does not return with the balance by 9 am on Monday" void? All questions in Part A must be answered. You do not have to use IRAC to answer questions in Part A. Each question in this part is worth 5 marks. Your answers should make reference to cases and statutory provisions where relevant. The indicative word count for Part A is 1000 words excluding footnotes. 1. Jason is a computer wholesaler who has entered into a contract to provide specially customised computers to Ricky, a computer retailer. The ship in which the computers are being transported sinks due to a tsunami. Is there frustration? Give reasons for your answer. 2. Sonia is a chemist proprietor who has entered into a contract with Janine, a perfume manufacturer to supply Summer Scent No 55 for a sum of $300,000. Sonia entered into this contract given the strong customer demand for this perfume. After Janine produces an entire commercial batch of perfume, it becomes obvious that despite the labels on the bottles, Janine has provided Summer Scent No 50 to Sonia instead. Discuss what term (a warranty or condition) Janine has breached if Sonia wants to terminate the contract. 3. Imagine you are a judge of the County Court of Victoria. On a difficult point of law, you are faced with conflicting decisions of a single judge of the Supreme Court of Tasmania and a unanimous Court of Appeal of the Supreme Court of New South Wales. Which precedent must you follow, if any? Also, could you follow a strong decision of the Supreme Court of Singapore on the point of law? Discuss and give reasons for your answer. 4. Danny wants to buy a car, so he visits a car dealer on a Saturday. Danny speaks to Adrian, a car dealer and Adrian recommends a new sedan to Danny. Danny is happy with the car and asks Adrian to prepare the contract of sale. Adrian then informs Danny that he must pay 50% deposit and the deposit will be forfeited if Danny does not return with the balance by 9 am on Monday. Danny is not very happy with such a short turnaround time, but he really likes the sedan, so Danny pays 50% deposit and signs the contract of sale. Does section 23 of the Australian Consumer Law render the term: "50% deposit will be forfeited if Danny does not return with the balance by 9 am on Monday" void?

Answer rating: 100% (QA)

1 Yes there is frustration Jason is a computer wholesaler who has entered into an agreement to suppl... View the full answer