Contract Law III Lesson Plan

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The University of Western Australia *

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5508  

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Law

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Feb 20, 2024

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LAWS5508: Commercial and Company Law Contract Law III Lesson Plan Contractual Terms (45 minutes) Short lecture on contents and interpretation of a contract Group presentations on the following cases: o Toll (FGCT) Pty Ltd v. Alphapharm Pty Ltd o Causer v. Browne o Le Mans Grand Prix Circuits Pty Ltd v. Illiadis o Curtis v. Chemical Cleaning & Dyeing Co Ltd o Olley v. Marlborough Court Ltd o Insight Vacations Pty Ltd v. Young o Codelfa Construction Pty Ltd v. State Rail Authority of New South Wales Each presentation should set out the brief facts of each case and the general rule(s) that the case establishes. Read Chapter 9 of CACL and prepare your responses to the following question: Patrick was walking by Optus Stadium when he saw a promotional event for a Pokemon- themed mini-golf. He walked up to the counter and asked if he could play. The person at the counter told him to complete and sign a registration form. Patrick looked at the one-page registration form and at the bottom, there was a clause that states: “The organizers are not liable for any and all injuries sustained in any and all circumstances.” Patrick, having studied LAWS5508, was concerned about this and asked the person at the counter: “This seems excessive. Is this clause really necessary?” The person replied “Oh I don’t know what that means. Maybe it’s just a precaution?” Patrick then completed and signed the registration form. While he was playing Hole 6, there was a malfunction with the robot Pikachu installed there and Patrick suffered an electric shock. He suffered third-degree burns and threatened to sue the organizers. The organizers seek your advice on whether they can rely on the clause on the registration form to exclude their liability. Use the IRAC method. Remedies (45 minutes) Short lecture on contractual remedies 1
Read Chapters 11 and 12 of CACL and prepare your responses to the following question: Jerry owns a successful bakery in Nedlands, specialising in sandwiches, bagels, and rolls. His weekly profit is consistently around $25,000. On 20 March 2022, Jerry signed a one-year contract with Vogel Breads to supply him with products made from organic wheat. A few weeks later, an outbreak of a virus ruined much of the organic wheat crop. Wheat supplies were suspended for a month. Jerry tried to find another supplier but failed. As a result, Jerry had to shut his business for six weeks. Because of this supply disruption, Jerry was also unable to fulfil a contract that he won in a tender process to supply his bakery products at a national conference for accredited dieticians at the Perth Convention Centre. Jerry lost $120,000 on that contract. Vogel Breads apologized for the situation and admitted that they breached the contract with Jerry. Jerry seeks your advice to understand how much he should ask for in compensation from Vogel Breads. Use the IRAC Method. Break (15 minutes) Termination (75 minutes) Short lecture on termination Read Chapter 11 and prepare your responses to the following questions: Question 1 Sarah is a successful newspaper journalist. The Black Moon Times entered into a contract with Sarah for a series of 10 weekly articles which require her to research and report on the war in Ukraine. The contract provides that the articles will appear on the front page of every Sunday paper for 10 weeks. Sarah’s first two articles were published on the front page. However, her third and fourth articles appeared on the third page of the newspaper. Sarah is very upset about the situation and seek your advice on whether she can terminate the contract with the Black Moon Times. Use the IRAC method. Question 2 Bob-the-Builder Pty Ltd (“ BTB ”) entered into a contract with the State Rail Authority to construct three train stations along a new railway line. The contract provides that BTB must complete its work in 90 weeks. When the contract was entered into, the common assumption of all parties was that BTB would be able to work all days of the week. A resident who lives near one of the construction sites became very annoyed with the noise from the construction, so he applied and obtained a court injunction. The injunction prevented BTB from working on Saturdays and Sundays. As a result, it became clear that BTB cannot complete its work in 90 weeks. BTB wants to get out of the contract and seeks your advice on whether the contract can be said to be frustrated. Using the IRAC Method, advise BTB. 2
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