Law School Discussion


« on: July 28, 2006, 02:02:00 AM »

I'm Danijel from Australia, I am new here.
I am not in a Law School at the moment but I am doing a course called "Introduction to Law".
As part of my assessment I have two case studies to analyse.
They are Contact Law cases. :-\
I was wondering if you guys (Law Students or Professors) could help me by giving me your analysis in one of these cases.
PLEASE if someone out there could help me I would appreciate it very much so. I really need to pass this course and I really need someone to help me to solve these two cases. Please, it will only take 10-15 minutes for a Law student to skim through one of the cases and come up with a rule and an analysis. The analysis doesnot have to be long a paragraph or two will be fine. THANK YOU SO MUCH

Assignment 2ó Problem based exercises  (value 35%)

Note:  Answer both of the following questions which are of equal value.  Total maximum word limit is 1000 words.
Question 1

Sol, a developer, owned the Westside Shopping Centre which contained ten specialty shops.  Jean, a 17 year old fashion clothing designer, leased one of the shops in the centre in July 2004 for a period of five years at a monthly rental of $4,000. In September 2004 Jean informed Sol that due to poor current trading conditions, the leased shop would have to close.  Sol suggested to Jean that he would prefer Jeanís shop to remain open in the shopping centre and to assist Jean he would accept a rent reduction of 60% for the next six months.

Jean accepted Solís offer and remained in the shop until April 2005 when Sol gave Jean a letter requesting full rental payment and the arrears of rent for the period of October to March inclusive.  Jean closed the shop immediately on receipt of Solís letter and Sol relet the shop the following week to Daisy for $5,000 a month for the next four years.  Jean had paid the reduced rent for the October to March period.  Sol threatens to sue Jean for the balance of the rent for the October to March period and also for breach of the five year lease contract.


Question  2

Arthur advertised his boat for sale in the ĎAustralian Boat Newsí for  $16,000.   Brenton contacted Arthur and made arrangements to inspect the boat. At the inspection Brenton asked Arthur if he was aware of any problems with the boat. Arthur replied ĎNoí. Arthur had in his possession a recent written assessorís report about the boat which  listed several faults with the boat but Arthur had not read the report.

Brenton said he was very interested in purchasing the boat but had to raise the money from his parents who lived on a farm interstate.   Brenton said he thought he would only be able to pay about $14,000 for the boat.

 Arthur said he would only sell for $16,000 but would wait for a message from Brenton who was shortly going to visit his parents for several weeks holiday.
After two weeks Arthur sent an e-mail to Brenton saying "Have you discussed the boat with your parents and are you willing to buy the boat for $16,000?" Brenton replied  " I have now spoken to my parents and can only accept the boat for $16,000."   This reply was an error and should have read $14,000.    

Arthur sent an e-mail thanking Brenton for agreeing to purchase the boat and told Brenton he could collect the boat any time he wished after paying for it.
After sending this e-mail Arthur read the assessorís report.



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« Reply #1 on: July 28, 2006, 04:47:49 AM »
And please tell us again why anyone would want to do YOUR homework??

« Reply #2 on: July 28, 2006, 05:54:59 AM »
This is funny.

#1 - Can Jean enter into a contract, she is a minor, but did she reaffirm the contract by continuing to lease after she turned 18?
Was the original contract modified by the rent abatement?
If so, this will affect the calculation of damages.  Sol should get damages under one contract but not two.  Which contract do we calculate his damages under? 
It looks like she mitigated damages properly by finding a new tenant for S, so no issue there.  You have to subtract what he got from the new tenant when calculating his total loss.  It looks like the place was rented at a higher rate than wat J signed for.  The landlord may not get anything if rent received from new tenant exceeds rent expected under old contract.

You can take it from there.  Have fun, sir.