Business & Contract Law - Linda, Gwen Case Study - Law Assignment Help

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Question 1 
Linda wishes to host a garden party and afternoon tea for her birthday. She engages Gerald of Gerald’s Landscaping to assist in preparing the garden for the event. Their contract requires Gerald to commence Monday and finish the landscaping by the end of Saturday as Linda is hosting a garden party and afternoon tea for her birthday on the Sunday, commencing 1pm.

The contract also provides that Gerald is to supply some portable fountains for the event. He is to bring them on the morning of the event to set them up in time for the 1pm start. The contract price is $2,000 for the landscaping and $500 for the fountains. Linda also hires a string quartet, called Four Amigos, to play at the event. The cost is $1,000 and Linda pays upfront. Curtin Law School – Dept. of Business Law Applied Contract Law At the end of Saturday, Gerald tells Linda that he has completed the landscaping.

Linda disagrees as she says there are still some hedges to be trimmed and some mulch to put on the  flowerbeds. Gerald refuses saying that he has completed the required job and leaves. On the Sunday morning, Gerald attempts to deliver the fountains but Linda haslocked her gates and refuses to let him in. She says that Gerald has breached their contract, she is not paying anything and she is not taking the fountains. She says she had to get another gardener to finish the landscaping late on Saturday night and this had cost her $200. Gerald leaves but tells Linda that she will hear form his lawyers soon!

Later that day, at around 12 noon, there is a huge thunderstorm that is set to last allday and into the night. Linda has no choice but to cancel the party. When she calls the Four Amigos to tell them of the cancelation, they tell her that they are very sorryto hear this but they are not refunding the $1,000. With reference to law and precedent cases about discharge by performance and rustration, advise Linda as to what, if anything, she needs to pay Gerald and whether or not she can get the $1,000 back from the Four Amigos.

Question 2 
Gwen is an expert stamp collector and chair of the local stamp-collecting club. She wants to sell her stamp collection of around 200 stamps to her friend Edith. Gwen
writes to Edith offering to sell the stamps. She describes the collection and listssome of the more notable stamps. She states that the price of the collection is $5,000 but, in her opinion, the collection is easily worth more than that.Edith, a new collector who does not know much about stamps, is keen to have a decent collection and so she agrees to purchase the stamps. She pays Gwen the $5,000 and Gwen delivers the stamps to Edith.

When the stamps arrive, Edith is surprised to see that the stamps are simply placed into an old shoebox and that around 50 of the 200 stamps are duplicates of fairly low-value stamps.

She also has the collection valued and the valuer tells her that the collection is worth around $2,000 at best. Edith is furious and demands her money back from Gwen telling her that Gwen lied about the value and that it is implied into every sale of stamps that the stamps be delivered in a stamp album and that there not be any duplicates.

Gwen tells her that there are no such implied terms and, in fact, many collectors buy duplicates so that they have stamps to trade. Furthermore, Gwen tells Edith that the value of the collection was merely her opinion and not a term of the contract. With reference to relevant law and precedent cases advise Edith as to whether or not Gwen’s opinion was binding and whether or not the alleged implied terms are actually implied and, if so, what the effect of breaching them would be.

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