Reference no: EM131859727

Truc runs a business “TrucON” as a DJ specializing in remote outback music events. He has a cult following in places such as Marree, Oodnadatta and Broome. Truc was engaged by the City of Ceduna (South Australia) to set up and play some of the music supporting the big mane acts at Ceduna’s “Outback RockXtra” on the 5th February this year. This was a big job for Truc so he recruited 2 persons to assist him in setting up the stage, sound and lighting effects at the Ceduna Oval. The Outback RockXtra is a major event and usually attracts 10,000 people from as far away as Kalgoorlie and Alice Springs. The contract was his chance to get into the big events. It would mean a profit of $5,000 for him for the 3 days. The cost of his extra workers and equipment hire was itself $5,000, which he borrowed from his mother. It would cost him $5,000 up front but he would make at least $10,000. A great opportunity! As he leaves his home in Port Augusta on the 31st January, with his two contractors, he tunes into the radio and hears that there is a bushfire near Streaky Bay about 100 kilometres from Ceduna. He planned to take two days to drive his truck full of equipment to Ceduna and did not take much notice. On the 2nd February as Truc approaches Ceduna the bushfire’s damage starts to concern him. At a checkpoint about 80 kilometres from Ceduna he is stopped by police who refuse to let him pass as the roads have been closed due to the fires. Truc looks for an alternate route but is told by the police that he will just have to wait and he should take a room in Streaky Bay for a few days. He protests that he needs to be in Ceduna the next day but it is to no effect. Meanwhile in Ceduna preparations are underway for the “Outback RockXtra” with all the artists and people coming from Western Australia arriving without concern. The crowds were down but still about 7,000 people had set up camp and the event was ready to go. Performers are ready to play and sing but there is no sound or lighting. The City of Ceduna find out that TrucON is stuck in Streaky Bay and decide to get equipment in from Perth at a greatly increased cost. Truc is stranded in Streaky Bay until the Outback RockXtra finishes up. He arrives in Ceduna on the 9th February and is told that the City of Ceduna are looking to recover from him the extra $11,000 it cost to get the sound and lighting gear from Perth. Truc is devastated. His two workers want to be paid and his mother needs her money to pay for a house that she had purchased. What can Truc do? He comes to you and asks for some advice. Would your advice be any different if there was no fire but his truck had a mechanical breakdown in Streaky Bay?