Question 2 (7 marks) (Note this question is from the Week 6 Tutorial) Thomas, a poor university...

Question

Question 2 (7 marks) (Note this question is from the Week 6 Tutorial) Thomas, a poor university student, and his millionaire Dad enter into an arrangement where Thomas agrees that he will keep the front and backyards of the family property mowed, and he will ‘do a bit’ to keep the gardens looking tidy. In return, his Dad agrees to pay him a weekly allowance of $200. His Dad had previously used a garden contractor to do the job and paid him $350. They live on a large property, and the mowing alone takes half a day a week. After four weeks, Thomas’s Dad tells him that he can’t afford to pay $200 a week. He says that Thomas should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Thomas is getting free board and lodging. Advise Thomas on whether there is a contract between him and his Dad which the court will enforce. Required: Answer this question using the IRAC * method. (7 marks) (Word limit: Minimum of 300 words. Maximum of 400 words) * Note - IRAC stands for Issue, Rule, Application and Conclusion  3 Question 3 (7 marks) (Note this question is from the Week 7 Tutorial) Oliver, while he was so drunk that he didn’t know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn’t know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the contract? Required: Answer this question using the IRAC * method. (7 marks) (Word limit: Minimum of 150 words. Maximum of 250 words)Question 5 (11 marks) (Note this question is from the Week 10 Tutorial) Required: A. Define ‘acceptable quality’ according to s 54 (2) of the Australian Consumer Law (ACL). (4 marks) B. What arguments can a seller put forward for limiting the scope of section 54 on acceptable quality found in the Australian Consumer Law (ACL)? (7 marks) (Word limit: Minimum of 300 words. Maximum of 400 words) 4 Question 6 (11 marks) (Note this question is from the Week 11 Tutorial) Required: A. Identify the four (4) key terms in Insurance Law. (4 marks) B. Briefly explain what indemnity means in Insurance Law. (3 marks) C. Briefly explain what the ‘doctrine of subrogation’ means and discuss its effect on the parties to an insurance contract. (4 marks) (Word limit: Minimum of 200 words. Maximum of 300 words)

Sweety · Accepted Answer

ANSWER TO QUESTION NO.2
Issue: Validity of contract between Thomas and his Dad and enforcement of the court.
Rule: In case of contract written or oral there are three elements which need to be present for a valid contract between two parties. The elements are
· Competency:  It is a legal term and it is more than just the medical condition. In most case court have jurisdiction to deem certain persons incompetent example in case where age is below 18, and require that a guardian should be appointed. Now being forgetful or absentminded or being drunk does not mean presence of incompetency.
· Mutual Assent: Being forgetful or absentminded or being drunk does not mean presence of incompetency.  Both the parties should give their consent. Where a party is impaired by alcohol and other party has no knowledge about the same or does not take unfair advantage of the fact then mutual consent is deemed to exist.
· Consideration: There should be consideration For a contract to be valid both the parties should agree to the contract that is both the parties should give their consent and there should both the parties should be competent to the contract. Once the contract is entered it is enforceable by both the parties to the contract.
Application: In this case Thomas entered into a contract with his millionaire dad who in turn agrees him to pay $200 it is assumed that there was intention to create legal relationship. However later on his dad refuses the pay the amount agreed upon. In this case when the contact was entered into both the parties to the contract agreed to the same, there was mutual assent and also consideration was present. Therefore the contract is a valid.
Conclusion: The given contract is a valid contract and if his dad refuses to fulfill the obligation it can be enforceable in the court by Thomas. It is enforceable in the Federal court. Thomas can file a case against his father and get the amount which was agreed upon.
ANSWER TO QUESTION NO.3
Issue:  Validity of the contract entered i.e. whether Oliver is bound to the contract.
Rule: In case of contract written or oral there are three elements which need to be present for a valid contract between two parties.

Question 2 (7 marks) (Note this question is from the Week 6 Tutorial) Thomas, a poor university student, and his millionaire Dad enter into an arrangement where Thomas agrees that he will keep the...

Answer To: Question 2 (7 marks) (Note this question is from the Week 6 Tutorial) Thomas, a poor university...

Answer To This Question Is Available To Download

Related Questions & Answers

Submit New Assignment