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Law questions

Number of Words : 1678

Number of References : 6

Contents

 This report answers the the following questions -
 PART A
 1. Go to the following website HYPERLINK "http://www.austlii.edu.au/" http://www.austlii.edu.au/ and locate the Mildura case: the full citation of the case is:
  Mildura Office Equipment & Supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006)
 Explain briefly how you found it.
 2. The Mildura case concerns the meaning of a unilateral contract, define a unilateral contract.
 3. An English precedent case, noted in para 2 of the Mildura case, established the definition of a unilateral contract.
 Locate that case, provide the case citation and explain briefly how you found it.
 What was held in that English precedent case?
 Within that English precedent case Lindley LJ, cited the earliest precedent which established that performance of a contractual condition was deemed to be acceptance of an offer. What was the name of that early precedent?
 Explain why this English precedent case is an exception to the general rule that acceptance must be communicated.
 4. What is meant by a precedent case?
 5. Explain the application of stare decisis.
 6. In the Mildura case:
 Which Australian case defined a unilateral contract?
 Which of the parties did Dodds-Stretton J regard as the more reliable witness and what was the significance of this?
 What was the decision of the court?
  Briefly state the plaintiff’s claim.
 7. The plaintiff’s appealed the decision in the Mildura case.
 Locate the appeal, provide the case citation and explain briefly how you found it.
 What was the decision of the appeal?
 What reservations did Kellam JA have in respect of the presentation of the plaintiff’s case? 2 marks
 Kellam JA cited the cases that held it would only be in exceptional circumstances that a party would be permitted to raise new arguments on appeal. Name the Australian precedent cited.
 PART B
 1. What are the advantages and disadvantages of precedent?
 2. Alice: I am selling my 2007 Toyota Yaris are you interested?
  Jack: I could give you $9,000 for it.
  Alice: No that’s not enough, I was hoping for $10,500 at the very least.
  Jack: The highest I can go is $10, 200.
  Alice: Ok, that is probably the best I can get.
 In the above conversation identify the following: an invitation to treat; an offer and counter-offer; a new offer; a rejection and an acceptance. At what stage was agreement reached?
 (To answer this question copy each line and say what it is by a providing a concise definition).
 3. A group of students were in a bar celebrating Ben’s birthday. Ben was 22 years old and the youngest member of the group. He challenged Tim to drink a glass of beer without taking a breath and promised to pay him $100 if he could. Tim drank the beer without taking a breath but Ben refused to pay the money. Neither Ben nor Tim was intoxicated. Is this an enforceable agreement?

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