Reference no: EM132240036 , Length: word count:400
Questions -
There are two questions. The first is a contract formation the four elements and the second question is negligence.
Question 1 - MUST USE IRAC.
A few weeks ago, Tom posted an ad in the local newspaper, advertising, for sale, his fishing boat. The advertisement read: "Boat for Sale" Price is $8,000 (not negotiable). If you are interested, you must write to me at the following address: 123 Middle-of-Nowhere Road, Fake Town, NSW, 2009. The ad appeared in the paper on 1 February 2019.
Later that same week, 4 people saw the advertisement and the following events took place:
1. 2 Feb: Jerry (Tom's neighbour, who had Tom's phone number), called Tom on his mobile and left a voice msg stating: "Hey Tom, I want that boat, mate. Call me when you get this msg".
2. 3 Feb: Daffy, another one of Tom's neighbours, wrote a letter and dropped it straight into Tom's mailbox. The letter read: "Dear Tom. I really want to buy your boat. Could you please get back to me on my mobile with more details?"
3. 4 Feb: Minnie, a local resident, posted a letter which read "Dear Tom, I accept your offer and note that the price must include life jackets, emergency flares, a fish finder and be at least 10 hp" (Note: it didn't, it didn't, it didn't and it wasn't...)
4. 5 Feb: Pluto, also a local resident, posted a letter which read "Dearest Tom, I accept your offer. Please advise when I can stop by to bring the cash and collect the boat".
On the 6th Feb, Tom (who was out of town for the week and forgot to take his mobile phone away with him), arrived home and found Daffy's hand delivered letter in his mailbox. Later that same day, Tom's phone was finally recharged and he heard Jerry's voicemail.
The next day (7 Feb), Minnie's letter arrived.
The day after (8 Feb), Pluto's letter arrived.
Advise Tom whether a contract exist between him and any of the other parties.
Question 2 - MUST USE IRAC.
In the case of Romeo v Conservation Commission of the Northern Territory ("CCNT"), Ms Romeo and friends were partying near a cliff edge and Ms Romeo was seriously injured when she mistakenly walked off a nearby edge.
a) Using the facts in that case, advise "Ms Romeo" whether she is likely to win if she was to sue the CCNT.
b) Furthermore, advise Gemma (Ms Romeo's friend) whether she could be held liable in negligence, if, after falling from the cliff, Gemma climbed down to where Ms Romeo was lying, and believing she was helping Ms Romeo, she actually made Ms Romeo's injuries worse when she turned Ms Romeo onto her back and dragged her back to the top of the hill (and in doing so, she made it impossible for paramedics to stabilise Ms Romeo's neck injury). In fact, it was later discovered that Ms Romeo would have made a full recovery if Gemma had just left her in the exact position she was in, after falling.