Part A.
Amanda decides to sell her 2015
MacBook Air, as she wishes to upgrade to a newer model.
She advertises the 2015 MacBook Air
for sale on the student notice boards at Mt Helen Campus for $300. Robert
(another student) phones her and says he will buy it at that price.
Amanda tells him that she has changed
her mind because the computer is in good condition and still works well; and she
wouldn’t sell below $320, even if she did decide to sell. Robert then offers
her $310 but Amanda says she’ll think about it.
Then at the shopping centre the next
day (Friday), Amanda offers her friend John the 2015 MacBook Air for $315
because she has seen how much faster the newer models are, and decides she
definitely wishes to sell her old MacBook and buy a new one. When John says no,
Amanda says she will keep the offer open to John for seven days in exchange for
a lift to University each day next week. John agrees to this.
Four days later (Tuesday), Amanda sees
a new MacBook Air that she wants for sale in-store and needs cash. She phones
Robert, saying that she now accepts his offer of $310. Robert says he has
changed his mind about buying her 2015 MacBook Air.
Your Task:
Advise all parties of their
contractual liabilities.
(Max 1500 words; 15 Marks)
Part B.
Mrs. Anton asked her accountant Mr. Bruckner
for investment advice. On behalf of his client Mr Bruckner telephoned the City
of Casey, (a municipality in outer Melbourne, Victoria), and asked them about
their plans to rezone farmland in the suburb of Pakenham, (part of the Casey
municipality), to allow residential development. In particular, he asked them
about any road widening or other construction proposals that may affect the
value of real property in the area to be rezoned.
He was told by a council clerk that
“To the best of my knowledge there are no specific road widening proposals that
may affect any part of the area, but I cannot be 100% sure as at this stage the
rezoning and redevelopment proposal is in the early planning stages, and the
situation may change.”
Mr. Bruckner then advised Mrs. Anton
in a letter dated 1 April 2021 to purchase land in the suburb of Pakenham
because the area was about to be rezoned to allow residential development, and
land values would triple because of the rezoning. He did not mention anything
about the current position of the rezoning and redevelopment plans.
On the basis of this advice, Mrs. Anton
purchased a parcel of existing farmland for $3,000,000 but a few months later
was shocked to discover that due to an access road to the Princes Highway being
built through her land, the land she had purchased for $3,000,000 had now decreased
in value to $1,000,000.
Your Task:
Advise Mrs. Anton of her rights in
negligence (excluding rights through contract law remedies) against Mr Bruckner
and the City of Casey.
(Max
1500 words; 15 Marks)