CONTRACT LAW:

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Contents
Answer Sheet...............................................................................................................................................3
Part 1: MCQ:............................................................................................................................................3
Part 2:......................................................................................................................................................3
References...................................................................................................................................................6

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Answer Sheet

Part 1: MCQ:

1. C
2. C
3. B
4. C
5. A
6. B
7. A
8. A
9. A
10. A
11. C
12. A
13. C
14. B
15. D

Part 2:

Short question:

1. In this case, the two inexperienced friends Emma and Simone bought a tractor for
farming, however the local machinery supplier Nikolai tricked them by selling a faulty multi
–purpose tractor that failed to operate and spray weeds properly. After discovering the
problem, Emma and Simone underpinned that they were cheated and hence now they could
easily complain and take legal help under Contract law and highlighting the point that how
they were misled with incorrect suggestion (Australiancontractlaw.com, 2016). Under the

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 Misleading or Deceptive conduct under the Consumer Act 2010 empowers the victim to take
legal help if the person was misled by deceptive information. Section 18 further established a
range of remedies for breaching the contract through misleading statement, so that damages
suffered could be managed (Carter, 2012).

2. In this case the evaluation could be presented under the concept of Undue
Influence in Contract law in Australia. Undue Influence under the Avoidance or Vitiating
Factors is applied when one of the parties has adopted unfair approach in a deal. In this
situation, when Javiah contacted the agent Jacinta to sell the property in lieu of 3%
commission on the sale price, Jacinta started constantly encouraging for selling the property
at a particular rate. Since she forced regularly, Javiah sold the property at $445,000 and then
realised that if Jacinta had not pressured she regularly she would have got time to think and
consider the decision in a proper manner. Now she believes that she has been misguided and
could complain against her under the Undue Influence provision in the Contract law and
avoid paying the commission (Ellinghaus, 2007).

3. In the present situation where Anne parks the car even after going through the heading

‘Conditions of Parking’ where it was mentioned that the car is parked at owner’s responsibility,
it is difficult for Anne to attain justice as the conditions were boldly mentioned. Now after
suffering the damage and theft though she wish to complain and get a refund in general
circumstances it is difficult to establish since the owner have already mentioned the conditions
on the board. However, since the letters on the boards were small and could not be read from the
parking location Anne could complain under misinformation and misleading message as shared
by the owner (Australiancontractlaw.com, 2016). The conditions of parking the car were not
written in proper font size and hence could not be viewed. Thus it could be discussed here that if
the message is written in a font size that could not be read by naked human eye from a certain
distance, the message does not adds value and is same as not writing it at all. Thus a tactics has
been used to keep away the information from the user while referring to the message and
avoiding legal hassle stating that it is mentioned and should be read before parking the car. As a
legal advisor it is to be mentioned here that the size of the font should be properly selected so

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that it could be read properly. In this case Anne could lodge a complaint against the parking lot’s
owner and demand compensation for the loss as the message was misleading and in
appropriately mentioned on the board (Radan and Gooley, 2009). Hence this contract is
“illusory” and Anne could sue the owner and claim for damages. The right to terminate exists
and the innocent part could claim and recover for the damages suffered and the non-defaulting
party in this case Anne is entitled to compensation

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References
Australiancontractlaw.com. (2016). Australian Contract Law | Julie Clarke. [online]
Available at: http://www.australiancontractlaw.com/law/misleading.html [Accessed 21 Nov.
2016].

Australiancontractlaw.com. (2016). Australian Contract Law | Julie Clarke. [online]

Carter, J. (2006). Carter's guide to Australian contract law. Chatswood, NSW: LexisNexis.

Carter, J. (2012). Contract Law in Australia. Chatswood, A: Lexisnexis Orders/service.

Ellinghaus, M. (2007). Australian cases on contract. [Melbourne, Vic.?]: Code Press.

Paterson, J., Robertson, A. and Heffey, P. (2005). Principles of contract law. Pyrmont,

Radan, P. and Gooley, J. (2009). Principles of Australian contract law. Chatswood, N.S.W.:

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