Samuel Exports Ply Ltd Case Study - Law Assignment Help

Assignment Task :

AW1500 Problem-Based Essay Question 
Samuel Exports Ply Ltd ('Samuel Exports') is a registered corporation in Queensland, Australia. Gerry is the sole director of Samuel Exports. Gerry is proud that his company is the second largest exporter of live sheep in Australia. 
In February 2019, Gerry received an order from Ahmed, the Managing Director at the Shuaiba Catering Co, for 20,000 'fat' sheep to arrive in Kuwait no later than 10 August 2015 Gerry is aware that there are two breeds of sheep commonly referred to as 'fat' sheep; Muscat wethers and A-class wethers. But, as Samuel Exports only exports Muscat wethers, Gerry decided not to raise this as an issue fearing that Ahmed might cancel the order. Ahmed was unaware of this ambiguity and thought he was ordering A-class wethers. 
During negotiations, Ahmed stressed that the shipment must not arrive after 10 August 2019 as the Islamic festival, Eid al-Adha (also known as the Festival of Sacrifice), ends on 14 August. The Shuaiba Catering Co must have the sheep slaughtered and prepared for a publ banquet, funded by the Kuwaiti Government, on 14 August 2019. The Shuaiba Catering Co need at least 4 days to slaughter and prepare the sheep. Gerry agreed and sent Ahmed the standard form contract used by Samuel Exports. Ahmed signed the contract and returned i to Gerry. The written contract did not stipulate a delivery date that the sheep will arrive in Kuwait. 
The Australian Animal Liberation Front ('AALF') is an underground organisation that former in 1975 to oppose the exploitation of all animals for food, fibre, research, teaching and entertainment. Recently, the members of the AALF have been frustrated by the lack of progress towards the group's objectives and decided that more 'extreme' action is necessary. The members decide to target the live export industry for economic sabotage. 
On S July 2019, members of the AALF unlawfully broke-in to a stock yard near the Townsville port. The stock yard was owned and operated by Samuel Exports and contained 21,000 'fat' sheep awaiting shipment the following day to Kuwait, in satisfaction of Ahmed order. The members of the AALF poured two bags of feed that were contaminated with pip faeces into the feeding troughs where the sheep feed. During the operation, one of the AALF members recorded the group's actions on a camera phone. 

LAW1500 Problem-Based Question
On 6 July 2019, the shipment of the 21,000 'fat' sheep proceeded as scheduled aboard the MV Dorma, unaware of the AALF's actions the night before. During the five-week voyage, 1,000 sheep die due to inanition (i.e. failure to eat — sheep suffering from this syndrome ar often called 'shy feeders') and salmonellosis (infection with salmonella bacteria, which can cause profuse diarrhoea, resulting in dehydration). Losses of this magnitude are common and were offset by transporting additional animals. Days before arriving at the Kuwaiti purl 20,000 sheep were alive in satisfaction of Ahmed's order. 
On 9 August 2019, the MV Dorma approached the port of Kuwait. However, the Kuwaiti navy blocked the ship's passage and refused to allow the MV Dorma to dock. When Gerry called Ahmed to discuss the navy blockade, Ahmed was very upset. Ahmed had seen the AALF footage on YouTube. Ahmed told Gerry that he cannot use any of the sheep for the banquet as Islamic law prohibits the consumption of pigs or any pork products. As some of the sheep ate feed contaminated with pig faeces, and it is not possible to identify which animals ate the contaminated feed, none of the sheep are fit for consumption under Islamic law. 
Communication broke down between Gerry and Ahmed and the 14 August deadline passed without a resolution between the parties. News of the contaminated feed meant that Gerry w unable to find an alternative purchaser for his sheep. After seven additional days at sea, theas sheep aboard the MV Dorma perish due to the hot weather. 
Assume the law governing this contract is the law applicable in Queensland, Australia. Using the IRAC (issue-rule-application-conclusion) method and only the prindples of contract law, answer the following questions in relation to the above fact scenario: 
1. Assuming the AALF's actions had not occurred, was Gerry's promise to deliver the sheep no later than 10 August 2019 enforceable?

2. On what grounds could the agreement between Samuel Exports and Shuaiba Catering Co be unenforceable?

3. What legal principle best describes how this contract came to an end? In your answer, state who incurs the financial loss for the sheep in this situation? Would your answer change if Gerry was the secret leader of the animal rights group that contaminated the feed? 

You are required to articulate the legal issues, identify and explain the applicable legal rules, apply these rules to the above fact scenario ('application'( to arrive at a reasoned conclusion. Do not use the words 'Issue', 'Rule', 'Application' as headings or subheadings in your answer. 

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