Simon and Angela sign a contract for the purchase of a house and make the contract subject to the condition that they will sell their existing house, within a period of four weeks, at a price not less than $250,000. What type of condition is this? Give reasons for your answers.
Donzi Marine agrees to supply Kakadu Tours with three specially fitted boats suitable for extended inland fishing and adventure water sports. Donzi Marine agrees to supply the completed boats by 30 June 2012 in time for three fully booked holiday tours. The boats did not arrive until 28 July 2012. The delay caused Kakadu Tours to lose clients agreeing to re-book at another time. The delay cost Kakadu Tours $20,000. Discuss the possible damages from the breach of contract that Kakadu Tours may be able to claim against Donzi Marine.
Green Plus Pty Ltd makes a contract with a local nursery for the supply of plants and soil totalling $3000. The nursery delivers, however Green Plus Pty Ltd refuses the pay as the plants died 2 weeks later. The Nursery wants to bring an action in a small claims tribunal for debt recovery and seeks your advice on the following matters:
a. The main features of a small claims tribunal
b. What types of matters a small claims tribunal can hear?
c. Who will hear the matter?
d. The costs of the proceedings
e. Whether there is any right of appeal
Part II: Question (15 marks)
Obtain a copy of a written contract that is available in Australia from the net or another source. For example you could download one of the many online contracts you are asked to agree to before accessing a site or entering an online contract.
Please provide the following information;
(i) Select a term in the contract that is written in complicated legal language. Highlight at least three words or phrases that you don’t understand, research their meaning and provide a definition for each one. Please include an example if you think that will help. (2 marks)
(ii) Proved a plain English ‘translation’ of the term you chose in (i) above or another term. The words you use should be clear to most English speaking adults. Feel free to make significant changes to the structure or wording and to use everyday language. (3 marks)
(iii) Print out and highlight six terms. You then must classify each term as either a condition or warranty using case law. You must include a brief explanation about why you think each one can be classified in this way. (10 marks)