Reference no: EM133729880

Question 1.
Dave is a bachelor who lives in Sydney. He was a loner and in ill health. He contacted his sister, Keren, in Oxford, England and asked her to move to Sydney to help look after him. He promised that if she did, that he'd leave all his property to her on his death. Keren agreed. She resigned from her job, sold her house, and moved away from her friends. She arrived in Sydney and began to care for her brother. A few months later, they had a falling out. Dave sold his property and disinherited his sister. His sister sued for breach of contract. Advise Keren.

Question 2.
An elderly Lebanese couple, with little understanding of English or formal education, signed a mortgage over their home to Cheatem Bank, as security for payment of the debts of their son's business. Their son, Ali, led them to believe that his company was sound when in fact it was in serious financial trouble. When Ali's business went into liquidation, Cheatem Bank tried to exercise its rights under the mortgage/guarantee. Advise Ali's parents.

Question 3.
Brad and Jane operate a pizza business. The wood-fired oven has just blown up and it needs to be replaced. Brad and Jane immediately contact an oven wholesaler, Angie, and tell her that they require a wood-fired oven installed right away because they need it to make pizzas, their core business. Angie tells them it will be delivered and installed within 24 hours, by Friday before a long weekend. Angie then goes to a long lunch with lots of wine and forgets about Brad and Jane's urgent phone call. When they call again on Tuesday Angie is very apologetic and sends the oven around to be installed. Brad and Jane have had to close their business for 4 days and nights, losing a great deal of money. They want to sue Angie for their loss of profits. Advise Brad and Jane

Question 4.
Gulliver went on an organised bus tour for his annual holidays. The length of the tour was 23 days. The first 11 days were fantastic and more than exceeded his expectations. However, on the twelfth day the bus crashed, trying to avoid a wombat waddling across the highway, injuring Gulliver so he could not continue his tour on a replacement bus. Gulliver wants to sue the bus tour company for the full amount of his tour cost. Advise Gulliver

Question 5.
Amelia owes Biggles $1,000 plus interest of $120 under a loan contract. The money is due for payment on Friday. On Wednesday Amelia tells Biggles she has lost her job and cannot pay the money. Biggles tells Amelia if she sells her new Apple notebook (laptop) he will take the proceeds of the sale in full satisfaction of the debt - and will not take legal action to recover any Shortall. Amelia was using her notebook to retrain for another job, but reluctantly agrees to sell it. Amelia gives the proceeds of the sale, $900, to Biggles. Biggles then demands the balance of $220. Is Biggles legally entitled to go back on his promise? Advise him.

Question 6.
Premium Plumbing Pty Ltd (Premium) required further capital for expansion and borrowed $200,000.
from East Pac Bank Ltd (East Pac). But an unpredictable misfortune occurred causing Premium to suffer a large loss. It immediately advised East Pac and stopped trading. Premium is. unable to meet the repayments due on its bank loan and has few assets. East Pac is considering ways.to recover its money. Would East Pac Bank Ltd be successful in enforcing its claim against any of thefollowing: (i) the directors; (ii) the shareholders; or (iii) the employees of Premium Plumbing Pty Ltd?
Advise.

Question 7.
Ash and Johnny arrange to spend a week together at Noosa over the Christmas break. Johnny tells Ash that he will hire a sports car and drive them to Noosa if Ash books and pays for the accommodation. Ash takes the week off work and books and pays for the accommodation. On the day of departure, however, Johnny tells Ash that he has decided to spend the week in Sydney with his friends. Is there a contract between Johnny and Ash? Advise.

Question 8.
Johnny and Gary are at a party together. AOer having had quite a few drinks, Johnny agrees to swap his car for Gary's motorcycle. The next day Gary shows up at Johnny's house to complete the exchange, but Johnny says he was drunk at the time he made the agreement and has changed his mind. Can Gary enforce the agreement with Johnny? Advise.

Question 9.
Phoebe is the chair of a large charity. Phoebe tells Maria that if Maria makes a substantial donation to the charity, Phoebe will use her government connections to ensure that Maria is given an Order of Australia the following Australia Day. Maria makes the donation, but the Order of Australia does not eventuate. Can Maria enforce her agreement with Phoebe? Advise.

Question 10.

Johnny wishes to purchase a new MP3 player. He visits BJ Hi-Fi and checks out the range of MP3 players they have available. One model, the Orange iPod, is on sale: there is a small stack of iPods under a sign that states: ‘Special offer! Only $100'. Johnny says to himself, ‘Well, that's an offer that is too good to refuse' and takes one from the stack. He takes the iPod to the counter, hands it to the cashier and says ‘I'll take this'. He then remembers seeing iPods on sale for $90 at another store. He says to the cashier, ‘I'm sorry, I've changed my mind'. The cashier responds, ‘No, I'm sorry, I'm afraid it's too late. You must buy this now. You are legally committed.' Is the cashier correct? Focus upon whether there is an agreement between Johnny and BJ Hi-Fi. Advise.