Questions $1$ and $2$ : $($Short answer questions$)$

In the answers to Question $1$ and $2,$ you should write only the Application of

Law and the Conclusion. Apply legal principles to the facts of the problem to

answer the issues. This requires you to use the relevant law $($case law$)$ to argue

your question.

Write a Conclusion in your answer. In conclusion, mention the name of the court

or tribunal hearing the case, what will the court$/$tribunal decide, and what

remedies are available to the plaintiff. A full ILAC answer is not required.

Question $3$: $($ILAC Question$)$

The answer to this question should be written under the ILAC framework $$

Issues, Law, Application, and Conclusion.

You are required to identify legal issues, state relevant legal principles, and apply

the relevant law in order to reach a conclusion for the client. You are asked to

advise parties, including possible remedies available based on the facts of the

hypothetical scenario.

DO NOT write a detailed explanation of the legal rules in case law or sections of

legislation under the $$Law$$ heading. Please provide only the $$names of case law

and$/$or sections of legislation$$ under the $$Law$$ heading of ILAC.

In conclusion, mention the name of the court or tribunal hearing the case, what

will the court$/$tribunal decide, and what remedies are available to the plaintiff.

You only need one $$conclusion$$ at the end of the answer.

Please also read the Instructions in 'Assignment Task Details' under the

Assessment tab.

QUESTION $1($Short$-$answer question$)$

Fabio rents a boat from Albert for $$5000$ per annum for five years for his fishing

business. After one year Fabio slips and injures his back and is unable to work

more than three days a week. This seriously affects the profitability of his fishing

business. As a consequence, Fabio asks Albert to drop the boat rent to $3,000$

per annum. Albert agrees.

Fabio has been unable to work properly for $18$ months. When he recovers his

health and the fishing is profitable again, Albert says he wishes to charge the full

rent for the remainder of the boat rental contract. In addition, he asks Fabio to

repay the rent he had lost because of his promise $($that is $18$ months x $$2000).$

Advise Fabio and Albert of their rights under the contract. Explain the

arguments that Fabio and Albert would make in support of their case.

$($Please answer this question by referring to contract law only$).$

QUESTION $2($Short$-$answer question $)$

Mondy Pty Limited had a contract to sell new Italian$-$made women's shoes to

Cindella Pty Limited. Mondy agreed to deliver the shoes to Cindella on $1$

November $2023.$ However, due to the inefficiency of the workers at Mondy's

warehouse in Brisbane where the shoes were to be packaged and loaded, they

were delivered to Cindella on $1$ December $2023.$

Cindella spent $25,000$ on advertising the shoes in television commercials and

newspaper advertisements. They had to turn away hundreds of customers who

had come into their stores in the first week of November to buy the new shoes.

Additionally, Cindella had entered into a very profitable contract with Fancy

Shoes Pty Ltd a retailer in Melbourne to on$-$sell $1000$ pairs of shoes for $$50$ each

deliverable on $15$ November $2023.$ In accordance with the terms of this

contract, Fancy Shoes has terminated the agreement for non$-$delivery and

Cindella lost the opportunity to make a $$35$ profit on each pair of shoes. The

profit that Cindella usually makes on the sale of shoes is $$10$ a pair.

Advice Cindella Pty Ltd whether it is entitled to any damages against

Mondy Pty Ltd for breach of contract. $($Please answer this question by

referring to contract law only$).$

QUESTION $3($ILAC Question $)$

Alliance Investment Ltd signed a contract with Safeway Trasport Ltd to transport

a large quantity of branded letterhead paper from the Gold Coast to the

company's office supplies warehouse at Logan for a total fee of $$15000.$

Brian, a driver working for Safeway Transport, stopped to fish in Labrador on the

way to Logan. There was a heavy rain and all the letterheads packed in the

truck were spoiled, the ink on the letters faded and he could not save the paper.

Brian nonetheless delivered the letterhead to the warehouse at Logan.

Safeway Transport Ltd claims that a clause in the docket delivered by its staff to

the warehouse in Logan protects Safeway Transport from any liability for loss.

The clause states: 'Safeway Transport Ltd or its drivers shall be excluded from

liability for any damage or loss to the goods being transported.$\text{'}$

Advise Alliance Investment Ltd whether the exclusion clause is a part of

the contract and what its contractual rights are against Safeway Transport.

$($Do not discuss liability under negligence law or the Civil Liability Act$).$