Solve the legal problems using IRAC method.
Examine the following five situations and:
- state whether consideration is present from both parties (just write Yes or No; ignore other issues such as Intention) and
- state the rule and the casethat best support your decision.
- Caroline gives Nick $5 for his brand new set of Taylor Made golf clubs, valued at $3,000.
- Caroline, a police officer, says she will arrest the person who stole Nick’s car if he gives her $500.
- Caroline says that she will give Nick her 1925 Rolls Royce Silver Shadow if he agrees to be nice to her for the next five years.
- Caroline owes Nick $5,000. Nick agrees to accept $4,500 in full satisfaction of the debt.
- Caroline hits Nick with her car. Nick is injured, though he promises not to sue Caroline for damages if she agrees to pay him $5,000.
To establish whether a statement made in contractual negotiations is a representation or a term, the courts consider a number of factors including the special skill or knowledge of either party. With reference to this and one other factor, explain how the courts determine whether a statement is a term or a representation. Ensure you refer to case law to support your response.
James went to the Melbourne Comedy Festival. He purchased a ticket online for the ‘Great Debate’ comedy gala. Following payment, the website told him he was required to collect the ticket at the box office on the evening of the performance.
James arrived on the evening of the performance and collected his ticket. Unbeknownst to him, there was an exemption clause on the back, which read, amongst other things:
Limitation of Liability
- The Promoter (including its related entities) and its respective officers, employees, contractors and agents shall not be liable for any loss, expense, damage or liability whatsoever which is suffered or incurred or for personal injury suffered or sustained…
James sits in the front row of the ‘Great Debate’ and during the performance is hit in the face by a flying projectile from one of the performers in an on-stage stunt. His injuries are extensive and unfortunately, he is required to undergo reconstructive surgery.
The organisers of the Melbourne Comedy Festival are unwilling to provide him with any financial compensation, relying on the exemption clause on the back of the ticket.
James comes to you for advice, wanting to sue the Melbourne Comedy Festival organisers.
- State the issue you need to consider.
- State the relevant legal rule relating to this problem.
- State the main case related to this problem.
- Based on this information, if James sued the Melbourne Comedy Festival for the damage he suffered, would he win in court? What is your answer – yes? or no? Explain your answer.
Belinda decided to buy a new television for her lounge room. She went to her local Narvey Horman shop and told the sales assistant that she wanted a Smart TV that she could use to download and watch HD films as well as playing PS4 online. She eventually settled on a $1,599, 65 inch TV recommended to her by the sales assistant.
Unfortunately, when the television was delivered, and after she had accepted the goods, Belinda realised that although it worked well and provided a very clear picture, it was not a Smart TV. This meant that she was unable to download any of the new films she wanted to watch or play any games online.
When she called Narvey Horman to complain, they told her that she should have paid more attention to the product information and that there was nothing they could do about it.
Belinda comes to you wanting advice about her options under the Goods Act 1958 (Vic).
- a) State the issue you need to consider.
- b) State the relevant legal rule relating to this problem.
- c) State the main case and legislation related to this problem.
- d) Based on this information, does Belinda have any grounds for action against Narvey Horman? Explain your answer. What remedies may be available to Belinda?