Daria Decides to go on a Week-Long Tropical Holiday to Port Douglas - Law Assignment Help

Assignment Task

LAW ASSIGNMENT

ASSESSMENT CRITERIA
Demonstrated ability to identify a relevant legal issue from a set of facts;
Demonstrated ability to identify a relevant legal principle or rule of Australian Contract Law and apply it to a material fact;
Demonstrated ability to develop practical solutions to legal problems and express opinions as to the most suitable or likely remedies and outcomes;
Demonstrated ability to articulate an answer to a legal problem clearly and logically.


Question 1- CONTRACT LAW:
On 1 February 2021 Best Pty Ltd placed the following notice in the ‘National Telegraph’ newspaper:
Special Shoes Special Discounts.?Best Pty Ltd has now received the latest delivery of the latest summer collection of shoes and sandals from Italy. Styles include the new sling back sandals and wedge heels. Prices start at $2,000 per hundred pairs (certain styles only); big discounts may be negotiated for bulk orders. All inquiries to Mr Brown, sales Manager on 1200 234 567.
On 4 February 2021, Lisa, the owner of shoe retailer, Lisa’s Shoes, which has several regional stores throughout Australia, sent the following email to Mr Brown at Best.
We refer to your notice in the ‘National Telegraph’ and would like to purchase 2,000 pairs of the sling back sandals. Our best price is $30,000 including delivery. Please advise.
On 6 February 2021 Mr Brown (from Best Pty Ltd) sent the following email to Lisa:

Best will sell 2,000 pairs of sling back sandals for $30,000 excluding delivery. Payment can be made by cash or bank cheque and is due on delivery. Please advise.
Lisa immediately wrote the following letter to Mr. Brown at Best Pty Ltd, which was mailed on 8 February 2021.
We refer to your email of 6 February 2021 and are prepared to meet on those terms. Please let me know the earliest delivery date.
On 10 February 2021 Mr. Brown received Lisa’s letter of 8 February 2021 and then telephoned Lisa. After a short discussion Lisa emailed Mr. Brown a copy of the letter of 8 February 2021. The parties agreed that Lisa’s Shoes would take delivery of the sandals from Best’s Sydney warehouse on 3 March 2021.
Required?Referring to relevant case law and giving reasons for your answers, does a contract exist between Best Pty Ltd and Lisa’s Shoes and if so, when was that contract formed and also what are the terms of that contract?
5 marks

Question 2:- CONTRACT LAW
Daria decides to go on a week-long tropical holiday to Port Douglas in Queensland. She visits her local travel agent, Sunny Travels Pty Ltd, which arranges all of her trip including flights and accommodation. She selects a holiday package of 7 nights ‘luxury accommodation’ plus flights at the special price of $1 200 and pays in advance.
Daria flies to Cairns on the first day of the trip to arrange car rental at a local dealership. She wants to have a look around the town before driving up to Port Douglas. As a result, she arrives at the resort later that evening, only to be told that all the ‘luxury class’ rooms have been taken (she is told that her delay did not cause the room to be lost, but rather it was a booking error by her travel agent). She furiously contacts her Sunny Travels representative, who liaises with the resort and arranges for them to offer Daria an ‘economy class’ room instead. Daria complains bitterly, but in vain, and is eventually forced to accept the economy room.
In the morning, still not happy with what has happened, Daria again phones Sunny Travels. After checking with the resort, the Sunny Travels representative tells her that there is nothing that can be done: there are no luxury rooms available at the resort for the next 7 nights, nor at any other hotel in the vicinity. He does however offer her a rebate of $30 per day. Daria is even more infuriated and decides to fly home to Sydney that morning (her air ticket is flexible enough to allow this at no extra cost).

Advise Daria of any rights she may have against Sunny Travels.

Question 3- NEGLIGENCE :
Pam is an accountant attending a convention held at the Western Sydney convention centre owned by WSCC Pty Ltd. The convention was being run by the professional association, Aussie Accountants. On arrival at the convention, Pam was presented with a welcome package which included seminar information and a promotional T shirt with the Aussie Accountants logo printed on the front. The T shirt had been ordered and bought from a specialist manufacturer (U Beaut Products) and was in a sealed plastic bag.
Pam put the T shirt on as soon as she arrived in her room, ready to attend the welcome function. Within 10 minutes she began to feel very ill and a painful rash appeared on those parts of her body that came into contact with the material of the T shirt. Worse still, Pam then found she had difficulty breathing.
Pam was rushed to hospital where laboratory tests on the T shirt revealed that the material contained traces of a toxic chemical used in the manufacturing process which could not be detected by normal inspection. These chemicals should have been easily washed out of the T shirt is proper procedures had been in place in the manufacturer’s factory.
After receiving medical treatment in hospital for a period of 6 weeks, the rash has reduced but there has been permanent damage to Pam’s lungs. Her doctor has recommended that she work part-time for at least the next 6 months. Pam has worked out that her medical treatment costs, including the out-of-pocket hospital costs total $150,000.
Further, the week after the convention, Pam had an interview planned with the Australian Accounting Standards Board for a position with an annual salary of $200,000 (double what is presently on) and she was very confident of gaining that position, which she was not able to attend. The position has now been filled.
Applying only the tort of negligence, advise Pam of any action she may take, against whom, why she may take it and the likely consequences of that action.

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