Greta tells her friend, Jala, that in appreciation of the love and affection she has shown Greta over the past 5 years since her husband left her, she will give $20,000 when her bank term-deposit matures in 6 months. Six months later, when the term-deposit matures, Greta tells Jala she will take her out to dinner instead of paying her $20,000.
Ignoring the issue of intention, what will you advise Jala?
a) State the issue you need to consider.
b) State the relevant legal rule or rules relating to this problem.
c) State the main case or cases related to this problem.
d) Based on this information, if Jala sued Greta for a breach of contract would she win in court? What is your answer – yes? or no? Explain your answer.
F offered to sell certain houses to H. H was given 14 days in which to accept the offer. The day after receiving the offer, H posted a letter of acceptance to F. After the letter was posted by H, but before it was received by F, F was offered a higher price for the houses by another buyer. F purported to withdraw his offer to H. F could not withdraw the offer if H had accepted the offer.
a) State and explain the relevant legal principle, underlying these facts
b) Using the four-step process and relevant case laws, show what would be the likely outcome were H to sue F for breach of contract.
On 2 May 2020 the Browns, new clients, came to see you regarding investments opportunities. Andy and Tina Brown are preparing to operate a small business called Exam Ready Café on QUT’s City campus which specialises in comfort food for stressed students. Andy will perform the administrative duties such as sending bills to customers, answering the phone, and taking orders from stressed students as he has a calm personality. Tina is not a people person so she will cook and get orders out. Andy and Tina are married with 2 young daughters who they hope will continue the business. Both Andy and Tina want involvement in the management and ownership of the business. They intend to hire more staff, particularly QUT students, and wish to see the business continue for decades to come. Tina is aware that another operator has just been sued and was found liable for $300,000 dollars in damages after some plastic was found in a sandwich on campus. She is familiar with the people and a process involved however and believes appropriate food safety standards weren’t being followed. You are asked to provide advice on how the venture should be structured. This is to be communicated in a letter of advice to Andy and Tina setting out your recommendations for an appropriate business structure and why this choice is beneficial, along with any negatives. The facts are as above; your notes from the meeting are below.
· Andy and Tina Brown
· 123 ABC Street, South Brisbane 4101 QLD
· H: 07 3138 1234
Explain the elements of negligence and include relevant famous cases. What are the defenses of the tort of negligence?