Question 1 (Learning Outcome Three) 10 MarksApplication Question (ILAC)ScenarioMary goes to the Sunday market and sees an exquisite antique tea set collection. Shethinks it will be a perfect gift for her friend Lily, but is unsure if her friend may alreadyhave this particular set. The tea set owner, Susan, says the tea set is $50. Mary takesphotos of the tea set so she can confirm with her other friends whether Lily already hasthis particular tea set. Mary and Susan also exchange email addresses just in caseMary has further questions.The next day (Monday), Mary emails Susan and asks where the tea set is from, towhich Susan replies, the tea set was originally from London. Mary then sends a furtheremail and asks Susan whether she will sell the set for $40, but Susan replies andmaintains the price of $50. That same day Mary confirms with her friends that Lily doesnot have the set and that $50 is actually a fair value for the tea set. Mary then emailsSusan on Thursday and tells her she will take the tea set for $50, but there is noresponse from Susan.Mary goes to the Sunday market again that weekend at around 11am to purchase thetea set. Susan says the tea set had already been sold and that she had emailed Maryabout it. Mary checks her email and sees Susan had sent her an email on Wednesdayevening saying the tea set had already been sold. The email was previously unopened– Mary must have missed it.Mary still really wants the tea set for $50.Question:Is there a valid contract between Mary and Susan? Cite relevant statute and caselaw in your in your answer, using the ILAC method. (Question 2 (Learning Outcome Three) 10 MarksApplication Question (ILAC)ScenarioZoincos Limited is a building company who has contracted with Seaview PropertiesLimited to build 5 residential properties around Cockles Bay. Zoincos’ contract specifiedfor the works to be completed within 18 months, and that each property is to have stonecoated roofing.Zoincos orders the roofing material from Lagos Roofing Limited and pays $12,000deposit. According to the terms of the order, Zoincos is to pay the balance of $23,000 toLagos Roofing upon delivery.By September Zoincos had still not received the roofing material from Lagos Roofing.When queried, it is found that there were issues with the manufacturing and the materialmay not arrive until after Christmas.The director of Zoincos re-inspected the terms of Zoincos’ contract with SeaviewProperties and noticed that if the 5 residential properties were not completed within the18 months, Zoincos would be subject to penalty interest at 10% per day until completionof works, which is likely to reduce Zoincos’ profit by over $30,000. By then it was toolate to order the roofing material from anywhere else.Zoincos therefore offered a bonus payment of $10,000 to Lagos Roofing if they coulddeliver the material before mid November. Lagos Roofing agreed and managed in theend to deliver the material on 10 November, together with an invoice for $33,000.Zoincos paid $23,000 only and refused to pay anymore.Question:Will Lagos Roofing Limited succeed in a claim for $10,000 bonus? Cite relevantcase law in your in your answer, using the ILAC method.(10 Marks)
Already registered? Login
Not Account? Sign up
Enter your email address to reset your password
Back to Login? Click here