Instructions: • Answer the following questions, citing relevant legal authorities (law and cases) in support of your answer. Answers not supported by any legal authorities will not receive any credit....

1 answer below »
Please see attached.


Instructions: • Answer the following questions, citing relevant legal authorities (law and cases) in support of your answer. Answers not supported by any legal authorities will not receive any credit. • Legal problem-solving questions (Questions 2, 3, and 5) must be answered using the IRAC (Issue, Rule, Application and Conclusion) method. • Reference sources must be cited in the text of the report (either in-text or footnotes AND listed appropriately at the end of the assignment in a Reference List following the AGLC (Australian Guide to Legal Citation) style. Question 1 Are ‘law’ and ‘justice’ one and the same thing? Discuss. (300 words maximum) Question 2 While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There is a sign posted on the boat’s windshield saying: “For sale $9,000, Text Andres on 0409876543. Direct buyers only!” A boat lover, Pedro calls the number advertised and leaves a voice message saying that he’s happy to buy the boat for $7,000. He also leaves his return number. Andres is busy all day, and only hears Pedro’s message the next morning. He calls Pedro back; he also leaves a voice message saying that Pedro’s price is too low, but he can get the boat for $8,000. That same day, however, another buyer sees the boat and makes a $9,000 cash offer to Andres on the spot. Andres takes the money, signs over the boat’s registration papers, and the buyer tows the boat away. Pedro passes by Andres’ house and sees that boat is gone. Panicking, he listens to his voice messages and hears Andres’ message for the first time. He calls Andres right away and told him in no uncertain words that he accepts his offer. Pedro now thinks he has accepted Andres’ offer so they now have a contract. When Pedro finds out that the boat has been sold to someone else, he gets very angry. He argues that he had already accepted Andres’ verbal offer, so he had no right to sell the boat to the other buyer. Does Pedro have a valid contract with Andres and he entitled to the boat? Explain with reference to all the elements of a valid contract. (Maximum 350 words) Question 3 Samuel Finley has two children, a daughter Lee and a son Keaton. Samuel has a lovely beach house in Palm Beach. Sam is terminally ill and has been told by his doctors that he has less than a year to live. Lee knows that Keaton is their father’s favourite child and that he had been named in the latter’s will to inherit the beach house. Lee knew that since their father did not have long to live and that he was 90 years old and starting to become mentally-weak, she could pressure him to transfer the Palm Beach beach house over to her even though Samuel may not totally understand what he was signing over. So, for four months, using pressure and threats, but more often with gentle but devious tactics, Lee succeeds in convincing Samuel to sign a transfer of property transferring the Palm Beach beach house over to her. As his last act, before he dies, Samuel wants to set aside the transfer of the beach house to Lee. Advise him of his legal position. (Maximum 400 words) Question 4 Answer the following, citing relevant legislation and case law in your answer: a) What is the parol evidence rule, and what is the court’s reasoning in applying the rule? (Maximum 100 words) b) List and explain the exceptions to the parol evidence rule. (Maximum 350 words) Question 5 TermiFab is a steel fabrication business operating in Adelaide. The business is owned by Pedram. The business has a current 10-year lease of the factory where its manufacturing operations are run. Pedram has just been awarded a contract to supply steel frames that will be used in the building a commercial shopping centre in the Adelaide CBD. Under the contract, Pedram will start supplying steel frames to the shopping centre developer in 90 days. The construction period is estimated at 24 months, and Pedram is expected to supply steel frames for 16 of those months. Two months before the delivery date of the first supply of steel frames to the shopping centre developer, the South Australian Government compulsorily acquires the site of Pedram’s factory. The factory happens to be along the route of a new tunnel link system that the government will start building. Pedram’s lessor advises him that he has to leave the premises within four months as provided by the lease contract. Pedram now has a massive problem: he must find new premises for his factory, and it might be another two to four months to establish the factory before it can start making steel frames. It is now clear that he cannot deliver the first supply of steel frames to the developer in time. Pedram comes to you for advice. You are expected to advise on whether his contract to supply the steel frames with the shopping centre developer can be discharged by frustration. You must cite relevant provisions of law and cases in support of your answer. (Maximum 650 words) Question 6 When is it appropriate to bring a statutory derivative action (s 236)? Draw a flowchart for the steps to be followed in an application for oppression by a minority shareholder. What are other personal rights conferred on members by the Corporations Act? (Maximum 275 words)
Answered Same DayOct 14, 2021

Answer To: Instructions: • Answer the following questions, citing relevant legal authorities (law and cases) in...

Tanisha answered on Oct 16 2021
131 Votes
1. Justice means treating equals equally and unequals unequally. It means assessing a law or rule and regulation as good or bad. As per Aristotle, ‘just’ has two different meanings, first is that the conduct must be in accordance with the ‘law’ or the authoritative rule, and the second refers to equality or fair treatment.[footnoteRef:1] For instance, according to the second meaning paying ‘just’ wage means wage that is appropriate as per the type and amount of work to be done. Hence, both law and justice overlap with the law passed by the ruler. It depends on how justice demonstrates itself: in the form of authoritative rule or equality, as they are two sides of the same coin. [1: Chroust, Anton-Hermann and David L. Osborn, ‘Aristotle's Conception of Justice’ (1942) 17(2) Notre Dame Law Review 129, 129-130. ]
Various civil and criminal cases have demonstrated that law and justice are one and the same thing. The law was enacted, or the case was decided by applying the principles of justice. In Commercial Bank of Australia v Amadio[footnoteRef:2] case, where the parents acted as guarantor of son for a loan from a bank and where the son defaulted in the payment of the amount, the parents faced eviction from their house. The court held that in considering the contract, it must analysed whether due to personal circumstances, the parents were under a special disability at the time of entering in the contract and it must be determined that the contract of guarantee must be ‘just, fair and reasonable’. [2: Commercial Bank of Australia v Amadio (1983) 151 CLR 447.]
Similarly, the equal pay protest by women which started in 1960s, whereby women protested by paying two-third price of train ticket which is equivalent to their pay, that is two-third of men. It led to the development of equality of opportunity.[footnoteRef:3] [3: The Workplace Gender Equality Act 2012 (Cth) replaced the Equal Opportunity for Women in the Workplace Act 1999 (Cth).]
In the Mabo[footnoteRef:4] case, the court identified the land rights of indigenous people by applying the principles of fairness and equity. [4: Mabo v Queensland (No.2) (1992) 175 CLR 1.]
2. Issue
Whether there was contract between Pedro and Andres, the concept of offer, acceptance, invitation to treat, counter-offer, consideration revocation of offer.
Rule
A valid contract is an agreement which consists of offer and acceptance and meeting of minds between the parties.[footnoteRef:5] An offer is a communication by one person to another of his willingness to do or not to do something in return for another person doing or refraining from doing something. Once accepted, the offeror is bound by the contract. It could be made to an individual, group or the public at large.[footnoteRef:6] An acceptance must be in response to the offer.[footnoteRef:7] Acceptance must exactly correspond to the offer, if not it results in counter-offer. [5: Smith v Hughes [1871] LR 6 QB 597.] [6: Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.] [7: Crown v Clarke (1927) 40 CLR 227.]
If the intention of the party is not to be bound by a contract, then it is not an offer but an invitation to treat.[footnoteRef:8] Goods advertised in store or displayed are invitation to treat.[footnoteRef:9] [8: Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401.] [9: Fisher v Bell [1960] 3 All ER 731.]
In Dickinson v Dodds[footnoteRef:10], wherein a party was given time to accept the offer, and meanwhile the offeror sold the good to a third party. It was held that since no consideration was passed between the parties or no amount was given to keep the offer open, there was no binding contract created between the parties. On the other hand, in Goldsborough Mort & Co Ltd v Quinn[footnoteRef:11], since Quinn was given 50c to keep the offer open but he sold it to another buyer, was held laible for breach of contract. [10: Dickinson v Dodds (1875) 2 Ch D 463.
] [11: Goldsborough Mort & Co Ltd v Quinn (1910) 10 CLR 674.]
Application
Display of speedboat amounts to invitation to treat. Pedro’s call to buy boat for $7000 amounts to offer. Since, Andres did not accept the offer exactly, his proposal to sell the boat for $8000 amounts to counter-offer.
Since no consideration is passed between Pedro and Andres, he was not liable to keep the offer open for Pedro. Seeing that the boat was gone and hearing from someone else results in revocation of offer.
Conclusion
There was no valid contract between Pedro and Andres as the good was sold to another person before acceptance by Pedro.
3. Issue
The case involves duress, unconscionability and undue influence.
Rule
The principle of Australian jurisprudence aims at protecting the weak from exploitation.[footnoteRef:12] Duress means lack of free consent and when one party exerts pressure on the weaker party to enter in to...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here