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Question 1 - Contracts (10 marks) (a) Uradhi wrote to Connie offering to buy Connie's car for $9,999 adding: “If I hear no more about it, I consider the car mine at that price.” Connie did not reply...

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Question 1 - Contracts (10 marks)

(a) Uradhi wrote to Connie offering to buy Connie's car for $9,999 adding: “If I hear no more about it, I consider the car mine at that price.” Connie did not reply to this letter although it appeared from later dealings with Uradhi and her behaviour that Connie had in fact decided to accept.

Is there a contract? Please cite relevant law (6 marks)

(b) Tina made a contract to purchase Vishna’s car. Tina paid a deposit of $500 with payment of the balance of the purchase price to take place on 11 November 2019 at 10.00 am. On 8 November 2019 Tina loses her driver’s licence due to accumulated loss of points.

Can Tina refuse to proceed with the purchase? If so, can she recover the deposit? (4 marks)

Question 2 -Torts (10 marks)

(a) Shihai is the owner of a restaurant and hires Fatima as a belly dancer to entertain his patrons at their restaurant. Shihai encourages Barney, a customer who is celebrating his 60th birthday with his family, to join her in a dance. While vigorously attempting to keep up with Fatima, Barney breaks his hip.

Advise Barney whether he has an action against Fatima in the tort of negligence? In your answer focus on whether or not Fatima owed Barney a duty of care. (6 marks)

(b) Define vicarious liability and explain its significance in negligence cases. Provide an example of when vicarious liability might be applicable. (2 marks)

(c) Define contributory negligence and explain its significance in negligence cases. Provide an example of contributory negligence. (2 marks)


Question 3 - Bankruptcy/Debt recovery (10 marks)

(a) When a debtor becomes bankrupt, their property vests in the trustee but not all property is available for the payment of debts. Discuss the property that IS and IS NOT available for the payment of debts pursuant to the Bankruptcy Act 1966 (Cth). (4 marks)

(b) What are the benefits and disadvantages of bankruptcy and are there any alternatives to bankruptcy? (3 marks)

(c) What enforcement options are available to a creditor who has obtained a judgement order? (3 marks)

Answered Same Day Jun 22, 2021

Solution

Jose answered on Jun 22 2021
139 Votes
The University of Queensland
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Question 1 - Contracts
(a) Uradhi wrote to Connie offering to buy Connie's car for $9,999 adding: “If I hear no more about it, I consider the car mine at that price.” Connie did not reply to this letter although it appeared from later dealings with Uradhi and her behaviour that Connie had in fact decided to accept. Is there a contract? Please cite relevant
While analysing the case we can understand that it is directly related to contract law. Three essential elements that are required for any contract are offer, acceptance and consideration (Prince et al 2019, p.20). From the case study, we can understand that Uradhi made an offer but on the another side, Connie did not reply to the letter means Connie did not accept the offer made by the Uradhi. The contract also includes consideration, but it failed to consider the aspect of acceptance. Section 9 Contracts Review Act 1980 clearly states that for considering contract as valid, it has to fulfil certain conditions (Essential elements of contract)
(b) Tina made a contract to purchase Vishna’s car. Tina paid a deposit of $500 with payment of the balance of the purchase price to take place on 11 November 2019 at 10.00 am. On 8 November 2019 Tina loses her driver’s licence due to accumulated loss of points. Can Tina refuse to proceed with the purchase? If so, can she recover the deposit?
While analysing the case we can understand that Tina entered in to a valid contract with Vishna for buying a car and she give a deposit of $ 500 to Vishna and she agreed to pay the remaining on 11th November 2019, when she purchase the car. From this we can understand that Tina entered in to a valid contract with Vishna, she accepted offer made by Vishna and she agreed to purchase the car on particular date. Therefore, it is not possible for Tina to refuse the purchase, if Tina can convince Vishna and both are ready to windup the contract, without transfe
ing the goods. Tina has to give compensation to Vishna because for a particular period of Vishna hold the car for Tina.
Question 2 -Torts...
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