1. Examine the doctrine of promissory estoppels and its development in the Australian courts.

2 a) Drew recently completed his degree and to celebrate booked a holiday in Spain. On arrival Drew was distressed to find that the hotel was still in the process of construction, he was sent to another hotel where the food was awful and the service even worse. He had also been promised a sea view; but he could not see the sea from his room and it took him nearly an hour to walk to the beach.

What remedy would Drew be able to seek?

b) Drew agreed to buy from Peter a small pen and ink drawing for the sum of $5,000.00. The sketch is apparently of William Shakespeare sitting in the Boar’s Head Tavern in Southwark where he was believed to write many of his plays. As Peter is wrapping the portrait he has a sudden change of mind and claims: “I appreciate we have struck a bargain here but this piece holds sentimental value for me and I now realize I cannot part with it.” Consider what remedies are available and what would be the appropriate remedy for Drew to pursue?

c) Drew is a talented and creative designer of computer games. He is employed by Virus but has been offered a job by a rival company Tetra. Drew would like to make the move to Tetra but his employment contract with Virus provides that he cannot work for any other computer company anywhere in Australia for a period of 5 years after leaving Virus. Do you think Virus will be able to enforce Drew’s employment contract?

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1 Promissory estoppels is basically a doctrine which provides that when a party changes their positi... View the full answer