Miles comes to see you for advice. He wants to know, as a matter of law, whether ...

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Miles comes	to	see	you	for	advice. He	wants	to	know,	as	a	matter	of	law,	whether	 he	can	insist	upon	 the	return	of	his	$68,000.00	and	or	claim	any	compensation and	if	not,	why	not.	Or	if	so,	on	what	basis	can	he	do	so?
	
Document Preview: HOW TO REFERENCE FOR THE MID SEMESTER ASSIGNMENTREFERENCINGFor the purposes of referencing your Mid Semester Assignment for this subject, I require you to adopt the following guide.A list of all sources should be added to the end of your answer in a bibliography.  This is an alphabetical list of all of the cases, texts, journals articles, internet research, etc, which you have used in preparing your answer to the second assessment.  In your bibliography, you should separate your references under headings – eg. Cases, Texts, Journals, etc.   All sources should be acknowledged throughout the assessment using footnotes. DO NOT PUT REFERENCES IN BRACKETS AT THE END OF SENTENCES.  FOOTNOTES MUST BE USED.BOOKS:The author’s name should be followed by the title (in italics – not placed in inverted commas), edition, and the year of publication.Eg.  Graw, S., An Introduction to the Law of Contract, (2nd Ed, 1993)Lane, P.H., Lane’s Commentary on the Australian Constitution, (2nd Rd, 1997)ARTICLES:The author’s name should be followed by the title (in inverted commas), then the year of publication, volume number, followed by the name of the periodical (underlined or in italics, not in inverted commas), where it appeared and the page number on which the article begins.Eg.  Burmester, Henry, ‘The Australian States and Participation in the Foreign Policy Process’ XXXXXXXXXXFederal Law Review 257 (1978) is the year of the Journal; 9 is the volume; 257 is the page on which the article begins.  Usually Journals will indicate the proper manner of citation. This is an example.ORCASES:The name of the case should be in italics.  Note that both square [ ] and round ( ) brackets are used, and you should check that you are using the correct type of bracketing.  The square brackets are used for the volume of the reporter in which the case can be found, and the round brackets for the year of the publication.  A volume number will come immediately after the...

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2 
 
Facts of the case:  
Following facts are reflected from this case study and are depicted as under:  
 Miles is a farmer who wants to purchase a second-handtractor, therefore, he 
went to farmquip in order to purchase the tractor. He met Angus one of the 
employees of farm equipswho influenced him to purchase the same from 
them.  
 Angus said to miles that his tractor is excellent and theprice is also good and 
effective. In addition, Angus also said that owner of this tractor was a good 
friend of mine. Miles had good faith on Angus therefore he wanted to 
purchase this tractor from Angus further miles told to Angus that tractor which 
is available for sale looks to be better for purchase because that tractor has a 
cabin with air conditioning that Angus want to convince miles so he told him 
that he will install similar air conditioner unit in the cabin of this tractor if 
miles give assent for signing this contract. 
 After two days miles went to framquip and said to Angus that he wanted to 
purchase his tractor. Miles signed the contract for sale at $ 68000. And further 
miles give his acceptance on the Terms and conditions, which were mentioned 
in the contract. That terms and conditions included in this contract were also 
displayed on thewall of the sales counters of framquip for customers. 
 Angus assured miles that after four days that air conditioning shall be 
installed, this condition was not written in and an oral conversation takes place 
between the parties. 
 When miles went back after four days he found that Angus has left framquip 
therefore he spoke to theowner and claimed to fit air conditioner cabin in the 
tractor. The owner refused to install anair conditioner in the tractor and also 
refused to pay because he had no knowledge about this promise and also no 
such condition is mentioned in the written contract made for thepurchase of 
atractor.  
 After one week later, atractor of miles broke down and he brought this tractor 
to the mechanic and mechanic told him that this tractor had not been handled 
well and also not properly serviced, therefore; the cost will be incurred for the 
repairing of the tractor which will be amount to $ 10,500. 
3 
 
Identification of the relevant laws and the legal issues:  
According to the contract law, the written agreement prevails over the oral 
communication. It is the condition of the contract that the contract should be in 
writing form in order to validate an agreement. Conditions which are oral cannot be 
challenged and validated as no proof of the conversation. The contract between the 
parties to the contract isa valid contract as the conditions of the contract are fulfilled. 
The condition of the contract is as follows: 
 Agreement to the contract:

Miles comes to see you for advice. He wants to know, as a matter of law, whether he can insist upon the return of his $68,000.00 and or claim any compensation...

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