Reference no: EM131872820 , Length: 1500 Words

Part A

On 1 March, Ben, a science lecturer at a local university (NWK), sent a letter by post to Ian, alocal astronomy expert, inviting Ian to speak to Ben's class. The letter said:

"I will pay you $1,000 to speak to my class on 1 June. Please respond to me by 1 May if you accept."

The next day, on 2 April, Ian became aware of a better speaking opportunity at a local business seminar tentatively scheduled for 1 June. He immediately sent the following email to Ben:

"I would have enjoyed speaking to your class on 1 June. However, I'm likely to have another commitment on that day, so it is likely that I will not be available. I will let you know if things change. Thank you."

Ben received the email immediately and read it. Later that day, Ben identified another potentialspeaker, Sharon, who was listed on the webpage of another university nearby (SWK) as a staff member with expertise in astronomy. He clicked on her email address and sent her a message in which he offered Sharon $1,000 to speak to his class. Sharon accepted by email the next day.Sharon did not realise the staff list had her listed as having astronomy expertise; she was actually an expert in astrology. Ben expected an astronomy lecture, but Sharon incorrectly believed the desired topic was astrology.

Ian was not selected to talk to the people at the business seminar. He sent an email to Ben in which he accepted Ben's invitation, but as it went to Ben's spam folder, Ben did not see it. On 1June, both Ian and Sharon showed up to speak to Ben's class. Ben told Ian that he was not needed. Ian angrily told Ben that he would sue for breach of contract.

After Ian left, Sharon began setting up her astrology charts and announced that she would provide free fortune telling after her lecture. Ben realized that Sharon was not an astronomy expert and told her he would not pay her for an astrology lecture. Sharon told Ben, "I'm going to sue you for my money." Ben responded, "You're not an astronomy expert as I thought and, besides, our deal wasn't in writing."

Required:

1. Ian brings a claim for breach of contract against Ben. Discuss whether Ian and Ben formed an enforceable contract and whether Ian is likely to succeed with his claim.

2. Sharon brings a claim for breach of contract against Ben. Discuss whether Ben has any defences to the claim and whether Sharon is likely to succeed with her claim.

Part B

Gordon advertised his car for sale. Mary inspected the car and declared her desire to purchase it. Gordon was happy with that but when she said she wanted to take it now but would pay him next week, Gordon explained he could not let her have the car until she provided the money. Mary's response was as follows: "Oh, but I am Joan Bennett, the new Lord Mayor for Melbourne. Don't you recognise me?" Gordon knew there had been discussion in the paper of the election of a woman Mayor (for the first time) but remembered no details, including the person's name. He felt so foolish that he let her take the car. When he did not hear from Mary, she used the phone number she gave him, only to find it did not exist. He also discovers (of course) that Mary is not Joan Bennett.

Gordon found the car when looking at the classified advertisements section of the newspaper but when he contacted the seller, Cheng, Cheng refused to give it back because he had paid cash for it.

Required:

Who has a better claim to the car, Cheng or Gordon? Give reasons for your answer.