PLEASE TYPE THE ANSWER WITH MORE THAN 400 WORDS. THANK YOU! There is an internat

Question

PLEASE TYPE THE ANSWER WITH MORE THAN 400 WORDS. THANK YOU!

There is an international food festival held in Canberra during March each year Individuals and companies can hire stalls and sell food and drink to the public. - Mary has sold Greek pastries at the Canberra International Food Festival for ten years. When she talks to Fiona, festival manager, to lease her stall in 2018, the price is the same as previous years. Mary assumes the terms are also the same. Mary says to Fiona, the festival manager, 'Great, I'm happy with the 3x3metre stall as usual'. Fiona realises that Mary has made an error but doesn't say anything. Mary signs the contract without reading it. Mary is unhappy when she later discovers that the stall space is only 2x2metres. Advise Mary (10 marks)* Support your advice by reference to legislation and cases. Do not consider any rights or remedies that may apply under sale of goods or consumer protection law. Questions should be answered in IRAC style. Support your propositions by reference to cases and statutes where appropriate. I- Issue (briefly identify the legal issue(s) in the problem. R - Rule (briefly signal the rule or relevant law which will help to resolve the issue.) A - Application - the most important part (apply the law to the facts, look at both sides to the argument, support your argument.) C- Conclusion (remember to draw your advice to a conclusion, although that advice might be that there is more than one possible answer, but the most likely conclusion is x. It is also acceptable to say that you need to know some further facts and if it is x then y would follow but if it is a then b would follow.) Discuss remedies where appropriate.-

Explanation / Answer

Issue - Mary who rented the stalls every year to sell pastries at the International food festival, when spoke to Fiona, the festival manager, she was asked for the same price. She also mentioned the size of stall during her conversation with Fiona, to which she did not make any response. Later the stalls turned out to be different ( smaller) in size. Is Fiona liable for breach of contract.

Rule - When two parties have history of working together for a long period, It is implied that the terms will remain the same unless revision of them is initiated by one of the parties and the other party accepts it. Since the revision of offer was not initiated by Fiona, she had a clear intention to keep Mary in dark about the revised terms. This fact can also be strengthened by the fact that she did not respond to Mary's confirmation. This makes her liable for the breach of implied contract between them.

Application - Both parties used to contract every year and worked on fixed terms. Mary asked for the price which was the same. Later she made a mention of the regular size, to which Fiona did not respond. Assuming the contract to be like every year, Mary signed it. It can be seen that Fiona did not act in good faith and the implied contract of trust was not honoured, as the changes in terms were never mentioned face to face, even when the contract was being signed, This amounts to the breach of contract.

Conclusion - Fiona is liable for the breach of contract as she did not act in good faith by not disclosing the material facts ( the changes in the terms of contract) with clear intention to lure Mary into the contract by keeping her in dark. Mary can sue Fiona for breach and claim the damages.

Related Questions

Navigate

• Browse (All)
• Browse P
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.