Question 5: Genuine consent (4 marks) Explain when a court will set aside a contract for unconscionability. What will a plaintiff need to prove in order to succeed in having an unconscionable contract set aside by a judge? Provide a reference to a relevant case to support your argument. Question 6 Cases Tramways Advertising v Luna Park (4 marks) The Judge in Tramways Advertising v Luna Park considered the terms of a contract for advertising an amusement park using boards on top of trams in Sydney. What types of terms did he identify and how did he explain how a court determines whether a term of a contract is an "essential promise"? Question 7 Discharge of contract (4 marks) Katherine and Darshan enter a contract for the sale of Darshan's house in Summer Hill NSW to Katherine for $1 million. They know that the law requires contracts for the sale of land to be in writing, so they sign a contract in the appropriate legal form. Katherine pays Darshan a deposit of 10% of the sale price. Their agreement will be completed when Darshan has moved out of the house and Katherine pays the balance of the purchase price. The day before the agreement is completed there is a huge electrical storm in Summer Hill. The house is struck by lightning and burns to the ground before the fire service can get there. Katherine and Darshan are now not sure what to do. Now that the house has burnt down what has happened to their contract? Explain how you believe a judge would analyse the position facing Katherine and Darshan. Is their contract in force or has it come to an end? Provide reasons for your answer. Question 8 Remedies for breach of contract (4 marks) Explain the difference between ordinary, nominal, exemplary and liquidated damages