COML-5009 - Henry was the National Chairman of Handball Australia Inc - Case Study - Law Assignment Help

Assignment Task

PART A   
Question 1

Henry was the national chairman of Handball Australia Inc, and the proprietor of a business which installed European handball courts. When Henry discovered that much handball was to be telecast in Australia on SBS, he was dismayed to learn that Australia was not planning to send a team to Athens since the sport was still in its infancy. Henry therefore lobbied the Australian Olympic Committee and his own body, Handball Australia Inc. to send an Australian Handball team to Athens. A training squad was nominated by Handball Australia Inc, but most players were reluctant participants due to employment commitments.

Henry gave the training squad a rousing pep talk during which he said enthusiastically, “Tell you what – you go to Athens, win a medal and I’ll see you get $10,000 for gold, $7000 for silver and $5000 for bronze”.  Inspired by Henry’s rhetoric and enthusiasm, the team trained well for six months, went to Athens and won a bronze medal at the Olympics Handball competition.

At the celebrations when the handball Team returned, the team surrounded Henry and asked for their $5000 each. Henry said “I didn’t promise anything. I did not intend to make any contacts. I just said that we’ll see and we will. I’ll see what the sponsors say.” Nothing was forthcoming.

Discuss the team members’ claim for $5000 each and consider in the alternative, where Henry made no statement about money for medals before the Olympics, but said after the team’s medal ceremony at Athens, “I’ll see you all get $5000 for this. I’ll pay you myself”

Question 2

Amanda decided to move her accounting business to larger premises and purchased a lease over a renovated building. She decided to install a suite of offices and interview rooms for herself, office staff and her two associates. Amanda then interviewed several builders who specialised in office fit-outs, setting out her requirements.

When she interviewed Bob, she asked him whether his prefabricated offices constructed in her open space could be completely soundproof, explaining that it was important that the offices, interview rooms etc were private, since client details were confidential. Bob assured her that his click-lock assembly system and the thick panels which carried all computer and electrical cables in interior conduits were completely soundproof.

Amanda then opened her offices to the public, and was dismayed to discover that in one of her new interview rooms she could clearly hear conversations in the next office, and that the staff in the next office could clearly her conversations in the interview room. The problem also occurred between offices. The panels were soundproof it seemed, but the conduits were not. When Bob presented his account for $40,000, Amanda declined to pay and pointed out that the new rooms were not “completely soundproof”, as Bob had promised. Bob then produced the contact form which Amanda has signed, which made no reference to soundproofing.

Discuss whether Amanda has a contractual remedy against Bob.

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