CL T1 A1 Proofmaking model blank NAVQW 2021_06_21 JUNTAO LI - Revised

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The College of Law *

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Law

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Feb 20, 2024

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docx

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Proofmaking analysis Level 1 Source Law – law of contract Level 2 Cause of Action – breach of contract Level 3 Elements Level 4 Facts Level 5 Evidence Contract (elements of formation) Offer: On 3 June, Lesley sent Riley an email confirming the arrangements they had negotiated about. Email from Lesley Hoeben trading as Trouble Free Events Acceptance: On 7 June, Riley replied an email confirming his acceptance of the arrangements and made a payment for the 10% of the total cost as the offer email requested. Riley confirmed his acceptance to the arrangements and started his performance which suggested the terms in the offer was accepted by both parties as the terms of the contract. Email from Happy Mercury Festivals Pty Limited Email from Happy Mercury Festivals Pty Limited to Trouble Free Events on 7 June Intention to enter into a contract: both parties are merchants in the matter involved, and had approached and negotiated for the terms of the agreement for several times. Statement of Lesley Hoeben trading as Trouble Free Events Terms of contract The terms of the contract was the outcome of the negotiation between Lesley and Riley, which were put into the offer email from Lesley to Riley and requested confirmation of Riley. The terms were set as follow: Lesley would provide staff and services for the festival event held by Happy Mercury Festivals Pty Limited, which includes: - 45 security guards from 2pm to 1am (11 hours) at $40.00 per hour, the total cost over 5 days would be $99,000.00 - 25 people for collecting and removing of rubbish between 2pm and 1am (11 hours) at $25.00 per hour, the total cost over 5 days would be $34,375.00. - Rubbish dumping at $3,000.00 per day, the total cost over 5 days would be $15,000.00. The total cost of the services and staff would be $163,212.50. Riley would pay 10% of the total cost which is the amount of $16,321.25 up front with the balance to be paid within 15 day of the end of the event. Statement of Lesley Hoeben trading as Trouble Free Events; Email from Lesley Hoeben trading as Trouble Free Events Performance (by both parties) Lesley gathered the requsite number of the staff. Lesley’s staff were experienced and reliable and all turned up everyday and had done a good job as the agreement required. Statement of Lesley Hoeben trading as Trouble Free Events Riley paid the 10% of the total cost ($16,321.25) up front. Statement of Lesley Hoeben trading as Trouble Free Events c774788cb38b65c7726c5eb119ba428d65a0b084.docx Page 1 of 2 © The College of Law Limited

Breach of contract Riley failed to pay Lesley the balance of 90% agreed payment ($146,891.25) within 15 days of the end of the event. Statement of Lesley Hoeben trading as Trouble Free Events Riley expressly repudiated to pay the bill as agreed by told Lesley that there was no way he was paying the bill after 3 weeks since the festival was completed. Statement of Lesley Hoeben trading as Trouble Free Events [13] Damages Lesley was damaged to the extent of the 90% of the payment agreed ($146,891.25) which was failed to be paid by Riley. Statement of Lesley Hoeben trading as Trouble Free Events; Tax Invoice from Lesley Hoeben trading as Trouble Free Events. c774788cb38b65c7726c5eb119ba428d65a0b084.docx Page 2 of 2 © The College of Law Limited

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