MG’s Fitness Center - Ryan Went To MG’s Fitness Center And Inspected The Premises - Law Assignment Help

Assignment Task

Question 1: 
In March 2020, in response to an advertisement, Ryan went to MG’s Fitness  Centre and inspected the premises. During that visit Ryan was persuaded to  sign an annual membership written agreement which cost him $450 and for  which he is able to use any of the equipment at MG’s Fitness Centre as often as  
he wants during the next 12 months. One evening in July, after work, he was  bench pressing some weights at the fitness centre when the bench he was  leaning on collapsed and as a result Ryan was badly injured when the weights  fell onto his leg. Inspection revealed that the bench was unsafe as a result of a  failure by the Fitness Centre to maintain it properly largely due to the Fitness  Centre buying cheap badly worn equipment and benches to save costs. 
MG’s Fitness Center deny any liability and are seeking to rely on the following  clause in the signed agreement that Ryan signed in March 2020. 
The member hereby absolutely releases MG’s Fitness Centre, its  employees and agents from any claim howsoever arising either during  the term of this agreement or at any time thereafter by reason of the  Member suffering any personal injury sustained by the Member in or  about the Fitness Centre premises including any claims for personal  injuries arising from and out of any negligence of any other member or  any other person using the Fitness Centre premises and the Member  hereby acknowledges that he or she uses the premises and all its  facilities entirely at his or her own risk. 
Ryan does not think this clause is fair and explains that it was never brought to  his attention when he signed the written agreement to become an annual  member of the MG’s Fitness Centre and that he did not in fact read this clause  as he was in too much of a hurry to start using the fitness equipment. Ryan is  seeking compensation for his medical injuries, which amount to $20,000 and  also a refund of all of the $450 membership fee as he does not wish to use  MG’s Fitness Centre any more. 
You are required to advise Ryan and MG’s Fitness Centre of their legal rights  and obligations in regard to this dispute. In your answer consider separately  the position under first the common law and then second also under the  Australian Consumer Law. 
Question 2: 
Bob was 84 years old and had been a farmer all his life. Tom was his nephew and  Bob liked Tom very much as Tom reminded Bob of what he was like when he  was younger. 
One evening after Tom had done some work on Bob’s farm, Tom asked Bob what  he was planning to do with the farm after he was no longer here. Bob said he  wasn’t sure but that he would like to keep the farm “in the family”. Tom  immediately replied saying he would like to own it one day but that as he had  just lost his fulltime job he did not think he could ever afford it. Bob decided  there and then and he said “well look, I think you can have the farm and we can  talk price later”. 
The next day Tom went to his lawyer friend, Marvin, and told him to prepare a  sale of land contract with the price for the sale of the land being $150,000 and  for settlement to be “one month after Bob goes to live in a nursing home”. Tom  told Marvin, “it’s okay as Bob said he wants me to have the farm”.  
The very next day Tom brings Marvin with him to Bob’s farm and mentions their  discussion about the sale of the farm the other day and whether Bob was serious  about what he said (meaning did Bob really want Tom to have the farm)? Bob  said yes he wanted the farm to stay in the family as long as he was taken care  of.  
Thereupon Tom handed Bob the sale contract for the farm and said to Bob,  “don’t worry about anything as you know Marvin, as he is your lawyer also, and  he prepared everything”. Bob didn’t think to ask what price was mentioned for  the sale as he trusted his nephew and Marvin and so Bob signed the sale of land  contract along with Tom and Marvin signed as a witness. Marvin did not suggest  that Bob receive any further independent legal advice. 
Six months later Bob is admitted to full-time care in the local nursing home as  his arthritis and dementia have now deteriorated so much so that he can no  longer live on the farm.  
A month after this time Tom seizes his moment and transfers $150,000 to Bob’s  bank account and the bank, with some reluctance, hands over to Tom the  Certificate of Title of the farm land making Tom the new legal owner of this farm  land.
A short time later, Bob’s two adult daughters (Kath and Kim) are shocked to hear  of the transfer of their dad’s farm land especially in view of the price paid  ($150,000) as the farm land has only recently been subject to a professional  valuation showing that the current market value of the farm land is now  $800,000 and so they seek to challenge this transfer of the farm land in court. 
Based only on common law principles you are required to advise the two  daughters (Kath and Kim) and the nephew (Tom) as to whether or not this  transfer of the farm land can be legally challenged and if so on what grounds. 
Question 3: 
Frank is a builder and he has agreed in a signed written contract to undertake  some renovation work for Mr. Smithers. The agreed fee for the completion of  the work is $50,000. Frank knows that Mr. Smithers rents out the house and  that the renovations are being carried out in order to attract better tenants to  the rental house.  
After starting the work, Frank realises that he underquoted on this job as he  failed to take into account the recent increase in the price of building  materials. As he now realises that he will now make only a very small profit on  this job (or perhaps even a small loss) he advises Mr. Smithers that he will not  undertake any further work on this rental property owned by Mr. Smithers  unless Mr. Smithers pays him a further $10,000 (on top of the $50,000 already  agreed to be paid for this job). 
Mr. Smithers is desperate to get the work done as he knows that he cannot  rent the rental property in its present condition since Frank has already started  the renovation work and as a result some walls have already been partially  knocked down and there is also rubble strewn throughout the house. 
Reluctantly Mr. Smithers signs a new written contract to agree to pay Frank  this additional $10,000. Immediately after the work is completed Mr. Smithers  advises Frank that he will not be paying him the additional $10,000. 
Advise both Frank and Mr. Smithers about their legal rights in connection  with the payment of this additional $10,000. 

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