By reference to rules and further aids to statutory interpretation, advise whether either of them is likely to be convicted. … L please see over for Question 2 QUESTION 2 Max operates a Turnstile making Dustless In Sydney. 1 May: I nee Toweling events took place: Max telephoned his sister, Pam, who operates a furniture retail business in Newcastle, and mentioned that he had developed a new model of sofa, which he then described in detail. Pam: “l would like three. How much are they? ” Max: “l wouldn’t take less than $2,000 each.
Eve only made three, but I’ll give you first option at $2,000 each if you let me know by fax by 6 May’. 2 May: Pam told Man’s friend, Joe, that she intended to buy the three sofas. Later that day, Joe told Max of Pam’s intention. 3 May: At 1 :Mom, Max, forgetting his conversation of 2 May with Joe, offered to sell the sofas o Ben, a major Sydney furniture retailer, for $2,200 each. Ben replied, “If you don’t hear from me by 5:pm today, you can assume I accept”. Ben did not contact Max again that day. At 4:pm, Max sent an email to Ben that he would give him six silk cushions if Ben agreed to buy the sofas.
Due to a malfunction, that email did not reach Ben until 6:pm. 4 May: As he could not contact Pam by telephone, Max telephoned Joe and asked him to tell Pam that Max would no longer sell to her. 5 May: Joe told Pam that Max did not want to sell her the sofas. Pam was not sure whether to believe him. She immediately sent an email to Max agreeing to buy the sofas, provided they were reasonably comfortable. Max received that email on 5 May. 7 May: As she had not heard from Max, Pam sent a fax to Max agreeing to buy the sofas.
Max received that fax on 7 May. Advise Max whether he has a contract for the sale of the sofas to Pam or Ben. … L please see over for Question 3 George owned a restaurant. He owed a supplier, Marmot, $50,000 for food she had supplied to him. George told Marmot that he thought his business would do much better if he opened a new restaurant in a better location, but that this would be very expensive. George told Marmot that he could only afford to move to the new location if she would accept $35,000 in full payment of his debt to her.
He told her that he would not only give her the $35,000 but that he would also always treat her “with respect”. Marmot accepted the $35,000 and promised never to demand the $1 5,000 shortfall. George opened his new restaurant. Marmot also had a contract to supply wine to George at a price of $6,000. George reminded Marmot that a year earlier he had given her some very helpful business advice and asked if she could return the favor by reducing the wine price to $4,000. Marmot agreed to that price reduction.
George and Marmot recently had an argument and Marmot now wants to claim the $1 5,000 shortfall on the food supply contract and to demand the full price of $6,000 on the wine supply contract. Advise Marmot as to whether she has the right to receive those amounts. Please see over for Question 4 QUESTION 4 Joan is an accountant. Her friend, Simon, is an economist who works at Dodgy Bank. Last month, Simon had a lunch appointment in a restaurant with one of his clients, Mike. The lunch was partly social and partly to discuss investment opportunities.
Simon saw Joan in the restaurant and invited her to Join them. Joan mentioned that her uncle had recently died and that she had received a $100,000 bequest under his will. She said that she had already planned to invest half of the money in Raff Ltd, a company listed on the stock exchange, but didn’t know what to do with the other $50,000. Simon said it was a good idea for Joan to invest $50,000 in Raff Ltd shares. He also said she should invest the other $50,000 in Mac Bank shares as there was a potential for large gains to be made in view of the recent optimism about banking shares.
In act, Simon had received a memorandum from one of his colleagues at work expressing concern about the financial difficulties facing some of the savings and trading banks, but he had momentarily forgotten this so he didn’t tell Joan about it. Following ten lunch, Joan Invested Bank shares. In Ran LATA snares Ana S In Mac A week later, both Raff Ltd and Mac Bank suffered financial collapse and the shares are now worthless. Joan wishes to take legal action against Simon and Dodgy Bank to recover her losses. Advise whether Simon and/or Dodgy Bank are liable to Joan under the tort of negligence. END PAPER 5