This BLOG is intended for my students at SIM / RMIT and is intended to share any after thoughts I may have after lessons either as a means of reasserting what went on at lectures or as add on
Thanks Mr yeo for displaying the latest questions on your blogsite, have worked on it and have completed all 5 questions, whether you will go through these questions with us for the last lecture this coming weekend, gladly appreciated.If not, it's ok.
I have a question which I have seen at some old forum and was wondering if I can apply what I have learnt.
It goes like this:
( Mary 21, signed up for this language course during her holiday breaks at ABC language school. Before the class starts, she paid the school the full amount of school fees and signed a contract that state that the fees were non refundable and if the class was not formed on the timeslot (saturday afternoon) she has chosen, the school will give/call her prior notice. So three days before the class starts, the school called her up that she has been assigned to another timeslot as there wasn't enough students to fill up the saturday after noon class. However, Mary could not make it on the new timeslot as she has other lessons as well. Mary now wants a refund. )
So I am thinking, can this contract be discharged based on breach or frustration because I don't think it's a breach of condition since they have already stated that they give her prior notice if the class is not formed. Neither do I think this is an anticipatory breach because the school may not know if the class can be formed as they may have students signning up at the last minute.
If it's frustration then is it based on non-occurrence of event or self-induced. Because contract cannot be performed because the class did not fill up but at the same time, the school could have gone ahead with that time slot with that little students making it self-induced.
Plus the exclusion clause is written on a document which she had signed which means she cannot get her money back?
For the below question, can there be fraudulent misrepresentation instead of mutual mistake? Antonia knew that it was a Toyota, but did not tell Tania? Because Toyota and Maserati are not similiar?
Question 2
Antonia recently decided to sell her Maserati sports car. She placed an advertisement in the newspaper on 1 November describing the car as very fast and new and “offering the car for sale” for $4,500. Tania, responding to the advertisement, rang Antonia and said she wanted to pay approximately the market value, namely, $3,500. Antonia said she actually wanted approximately $4,000 and would give Tania a week to make up her mind.
The next day (2 November) Antonia received a call from her friend Catherine. After some negotiation Catherine paid $5,000 in exchange for the car.
On 3 November Tania sent Antonia a letter accepting to buy the car for $4,000. The letter arrived (and was read by Antonia) on 6 November. That evening, Antonia telephoned Tania and said that she unfortunately has already sold the car and that Tania should buy another identical car that Antonia has for sale. Antonia failed to tell Tania that this car was older, very slow and not a Maserati but a Toyota. Tania agrees and when she took delivery is unhappy and complains.
Required: Is there any concluded contract between the parties? Fully explain. (12 marks)
I have completed all 5 questions for these, whether Mr Yeo will go through the guideline during the last law lecture this weekend, have practise many sets of these law questions so more familiar when doing this sets of question
Thanks for explaining and going through the questions in class, you're welcome, at least i know one of my question is focusing on,and i must try to go for Distinction grade this time for Commercial law main exam on 30th April.
I am a full time lawyer with a local firm Quahe Woo & Palmers LLC. I teach at the SIM University and this blog is intended for my students at SIM. I love sharing what I know and learning at the same time. Life is too short to be selfish with information.
Thanks Mr yeo for displaying the latest questions on your blogsite, have worked on it and have completed all 5 questions, whether you will go through these questions with us for the last lecture this coming weekend, gladly appreciated.If not, it's ok.
ReplyDeleteHello,
ReplyDeleteI have a question which I have seen at some old forum and was wondering if I can apply what I have learnt.
It goes like this:
( Mary 21, signed up for this language course during her holiday breaks at ABC language school. Before the class starts, she paid the school the full amount of school fees and signed a contract that state that the fees were non refundable and if the class was not formed on the timeslot (saturday afternoon) she has chosen, the school will give/call her prior notice. So three days before the class starts, the school called her up that she has been assigned to another timeslot as there wasn't enough students to fill up the saturday after noon class. However, Mary could not make it on the new timeslot as she has other lessons as well. Mary now wants a refund. )
So I am thinking, can this contract be discharged based on breach or frustration because I don't think it's a breach of condition since they have already stated that they give her prior notice if the class is not formed. Neither do I think this is an anticipatory breach because the school may not know if the class can be formed as they may have students signning up at the last minute.
If it's frustration then is it based on non-occurrence of event or self-induced. Because contract cannot be performed because the class did not fill up but at the same time, the school could have gone ahead with that time slot with that little students making it self-induced.
Plus the exclusion clause is written on a document which she had signed which means she cannot get her money back?
Many thanks
Hi Mr Yeo,
ReplyDeleteFor the below question, can there be fraudulent misrepresentation instead of mutual mistake? Antonia knew that it was a Toyota, but did not tell Tania? Because Toyota and Maserati are not similiar?
Question 2
Antonia recently decided to sell her Maserati sports car. She placed an advertisement in the newspaper on 1 November describing the car as very fast and new and “offering the car for sale” for $4,500. Tania, responding to the advertisement, rang Antonia and said she wanted to pay approximately the market value, namely, $3,500. Antonia said she actually wanted approximately $4,000 and would give Tania a week to make up her mind.
The next day (2 November) Antonia received a call from her friend Catherine. After some negotiation Catherine paid $5,000 in exchange for the car.
On 3 November Tania sent Antonia a letter accepting to buy the car for $4,000. The letter arrived (and was read by Antonia) on 6 November. That evening, Antonia telephoned Tania and said that she unfortunately has already sold the car and that Tania should buy another identical car that Antonia has for sale. Antonia failed to tell Tania that this car was older, very slow and not a Maserati but a Toyota. Tania agrees and when she took delivery is unhappy and complains.
Required:
Is there any concluded contract between the parties? Fully explain. (12 marks)
I have completed all 5 questions for these, whether Mr Yeo will go through the guideline during the last law lecture this weekend, have practise many sets of these law questions so more familiar when doing this sets of question
ReplyDeleteHi Mr Yeo,
ReplyDeleteIs it ok to list more than 1 case for a legal rule I quote? e.g postal acceptance rule; adams v lindsell(1818), another case, another case
Thank you.
Thanks for explaining and going through the questions in class, you're welcome, at least i know one of my question is focusing on,and i must try to go for Distinction grade this time for Commercial law main exam on 30th April.
ReplyDeleteThank you for the questions!
ReplyDeleteIn the case of Mary above - it is not a Frustration question - more like a breach of implied term
ReplyDeleteFor Antonio case - certainly misrepresentation - but whether it is Fraudulent is a question for discussion.
Its OK to quote more than a case only if it is relevant