She purchased the blender and kept her receipt. Once home, she unpackaged the blender and as soon
Question:
She purchased the blender and kept her receipt. Once home, she unpackaged the blender and as soon as she plugged it in, the upper lid came off and the sharp blades flew out, badly injuring her right hand. At the hospital, a doctor explained to Gracieuse that she would need stitches in her hand, and she would be unable to use her hand for four weeks unless the cut had healed, so the stitches could be removed. Gracieuse was very upset when she realised that she would not be able to participate in the planned TV Commercial and that another supermodel would have to take her place. This also meant she would lose the $12,000 fee that she would have received for the commercial.
QUESTION 2 (10 Marks) Use the IRAC method to advise Gracieuse if she can terminate the contract. You will need to address the elements of a valid contract including capacity, legality, genuine consent, mistake, misrepresentation, duress, undue influence and unconscionability.
QUESTION 3 (10 Marks) Use the IRAC method to advise to advise Gracieuse about the remedies she may seek under Contract Law in Australia.