LAW1500 - S2 Problem - Jumping Jack Darcy - Essay Assessment Answer

LAW1500 - S2 Problem - Jumping Jack Darcy - Essay Assessment Answer 

Task:

Facts:
Fast Track Oils Ltd sponsors car racing in two ways; first by organising the ‘East to West Rally,’ a televised annual car rally from Brisbane to Toowoomba, with a $750,000 prize on offer for the winner. Secondly by sponsoring its own car and driver, Jumping Jack Darcy, under an agreement which requires Fast Track Oils Ltd to pay Jumping Jack Darcy a generous weekly payment in return for him competing in car races as Fast Track Oils may direct. They directed him to drive in this year’s East to West Rally.

Jumping Jack Darcy turned up in his Fast Track Oils car at the starting line of the rally just four minutes before the rally was due to start. He did not have the roadworthy certificate required as a condition of entry, but was recognised by a junior rally official who told him that he could still go into the rally because he was ‘an amazing
racer’ and it would give many people ‘great delight’ seeing him drive in the rally. Soon after the race was underway the official informed Fast Track Oil executives in charge of the race what he had done.

Jumping Jack Darcy won the rally by a wide margin. He is now claiming the $750,000 first prize. Fast Track Oils is refusing to pay, mainly because there were critical comments in some media outlets alleging that Fast Tracked Oils had ‘stacked’ the rally with second-rate competitors so that ‘their’ driver would win ‘their’ rally. Fast Track Oils were relying on the fact that Jumping Jack Darcy did not show the roadworthy certificate at the start line. This caused a breakdown in relations between Jumping Jack Darcy and Fast Track Oils.

Question 1  Advise Jumping Jack Darcy whether he can successfully claim the winner’s prize under contract law.
Question 2  Do you think Jack could use promissory estoppel to try to enforce the promise? 
(You should explain relevant principles and cite authorities in answer to both questions.)

Assessment Criteria / Marking Rubric

Correctly identified the constituent elements of a contract and determined its enforceability to a high standard.

Correctly identified constituent elements of a valid contract and enforceability but the discussion of law not as strong as the HD answer. The answer is well written. 

Identified some key elements of valid contract and its enforceability with a basic discussion of law.
Incorrect statements of law, and failure to identify key issues.

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