Contracts or Agency and Remedies for Breach of Contract - Mario Case Study - Law Assignment Help

Assignment Task:

Facts:

Mario is the youngest of eight brothers. Mario’s daughter Desdicata is to marry. Mario tells Desdicata “I want you to have the biggest and best wedding of all your cousins.” Dedicate approaches Sydney Luxury Foods Pty. Ltd. at Strathfield and speaks to Dave Sands an employee. Dedicated orders a 4-course menu for 400 people and all drinks for $70,000. She informs Dave she is acting on behalf of her father Mario.

Dedicate and her fiancé Desperado approach Strathfield Hall Limited. This company owns a large Reception Hall at Strathfield which comfortably seats 450 guests with a good dance hall and excellent kitchen facilities. Dedicate requests a booking on behalf of Mario for Saturday 5.00 pm to midnight on 30 November 2018. Andreas, who is an employee of Strathfield Hall Limited, takes the booking. Andreas’s English is very limited.

Andreas has mistakenly booked the wedding for Saturday, 7 December 2018 instead of 30 November 2018. Dedicate pays the $20,000 fee for the Hall in cash provided by Mario. The receipt written by Andreas is in Mario’s name and specifies the date 30/11/2018. The Hall has already been booked for 30 November 2018 for a big Greek wedding. This was unknown to Dedicate. Mario hires the Fergie Big Brass Jazz band for $10,000 for the wedding.

At the wedding ceremony, Dave Sands informs Mario the hall has been double booked. Andreas has refused him access to the hall at Strathfield. Dave says he has only used enough ice to keep the food cool from his premises to the Church reception Hall in Strathfield. The prawns and meat needed to be eaten now. Mario becomes very emotional. Father Terry, Mario’s priest at the wedding, offers Mario his local school hall for free. The school hall only seats 150. The School Hall does not have kitchen facilities. Dave Sands serves the first course of melted vanilla almond ice cream and prawns. The only drinks Dave can serve are warm beer and children’s cordial. Dave cannot use the fish because it has begun to smell. Fergie’s Big Brass Jazz Band cannot fit into the hall. The band play outside attracting a crowd of over 500 people who drink the warm beer that was part of Sydney Luxury Foods Ltd stock charged to Mario. As Desdicata does her bridal waltz Desdicata slips and falls onto the wedding cake. The crowd listening to the jazz band outside are drunk and throw empty beer cans at Desdicata and her new husband Desperado as they run away to escape.

Mario wants $1,000,000 for personal loss and humiliation. He has refused to pay Sydney Luxury Foods Ltd.’s invoice for $42,000 plus GST. Mario has become seriously depressed. He cannot work and loses $50000 in lost income.

Questions:

Mario seeks your advice as to:

a) Who does he have a contract with?
b) Who (if anyone) is in breach of contract?
c) How many damages (money) can Mario successfully claim under contract law?
d) Can he claim damages under contract law for loss of happiness and enjoyment?
e) In which court should Mario sue in?

Facts:

Park Ltd operates a city car parking station. Park Ltd has a large sign after you enter the car park and another similar sign positioned at the pedestrian exit point as follows:

“Park Ltd is not responsible under any circumstances for any loss or damage to property or personal injury to customers, drivers or passengers or trespassers even if caused by the negligence or criminal conduct of the agent’s employees or officers of Park Ltd”. This exclusion clause was also clearly printed on the back of the ticket customers received when they went through the non-manned automatic gate machine at the entrance of the car park that is required for payment on exit. There is no question that the exclusion clause is part of the contract for parking.

On 15 June 2018, Pamela drove into the car park operated by Park Ltd. She saw the sign and she took the ticket which had the exclusion clause printed on its back from the machine to enable her to enter the car park. Pamela parked her car in a space on the second floor. While she was absent Ben, an employee car parking attendant of Park Ltd was driving recklessly whilst moving some cars in the car park and smashed into and badly damaged Pamela’s car.

Questions:

a) Who is a consumer under the Competition and Consumer Act (Cth) 2010?
b) Do the Competition and Consumer Act (Cth) 2010 apply to the provision of services?
c) Is the exclusion clause void under the Competition and Consumer Act (Cth) 2010? If so why?
d) Refer to sections 18 and section 29 of the Australian Consumer Law. Does this exclusion clause contravene section 18 civil only and constitute a criminal breach of section 29 (civil and criminal)? Provide reasons.

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