Reference no: EM133038917

Lindy arrived at her favourite Melbourne market by car. It was hard to get parking but, as she would not be long, she decided to park the car in a parking spot that had a visible sign stating the following:

'Private parking. Vehicles will be towed at owner's expense.'

As she is browsing through the stalls of the market, Lindy decides to get a bubble tea which is her favourite. However, when tasting the drink, she does not like it and attempts to talk to the shopkeeper to get a refund. However, the shopkeeper refuses and says that she has received the tea she ordered and that there are no refunds.

Lindy is annoyed but her day quickly brightens up when she finds an old painting of the Yarra River by an unknown artist in a gorgeous golden frame, which Lindy plans to use to frame another artwork. Lindy pays Mac the stallholder $25 for the painting and the frame.

Lindy is quite chuffed with herself but when she gets to the spot where she parked her car, she finds that it has been towed. Lindy calls the towing company and speaks with Andrea. Lindy expresses her frustration and explains to Andrea that she had only parked there for 30 minutes and if it was not for the argument with the bubble tea shopkeeper, the car would not have been towed. Andrea advises Lindy that she will need to pay $420 dollars to get her car back.

When Lindy finally arrives home, she removes the painting from the frame and discovers that there is an early painting by the famous Australian artist, Arthur Streeton on the reverse side. This painting is valued at $750,000 and causes much excitement and publicity in the art world. Mac sees the news and wants to rescind the contract. What particularly enrages Mac, is that he had asked his friend Luc who is an art expert to examine it and Luc had assured him that it was a mere trinket of little value.

Required

Critically discuss the rights and obligations of Mac and Lindy using Australian common law principles.