Ask Question, Ask an Expert

+1-415-315-9853

info@mywordsolution.com

Ask Homework Help/Study Tips Expert

Objectives

Answer the given problems with reference to the relevant common law and equity principles operating in Australia concerning contracts plus related and other transactions. Do not consider the effects of legislation potentially applicable other than that specifically identified. Students may make whatever additional factual and/or legal assumptions are necessary or convenient. And students should prepare about 3500-4000 words, or about 400 words per 10 mark allocation.

Assessment Task:

problem 1:

Read the recent tribunal case Taylor v Archicentre Ltd (General) [2012] NSWCTTT 348 (http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2012/348.html), and together with any other material you may care to consider, answer the following problems.

a) Provide a summary account of the key material facts concerning the architectural services contract, its delivery and ‘completion’.

b) Was the applicant’s claim out of time?

c) As a hypothetical variation on the actual facts, assume instead that due to unhappy relations between the respondent and its subcontractor Ms Seymour, only (a) and (c) services had been provided. The respondent by letter dated 24 February 2009, then advised the applicant that since despite its best endeavors, it wasn’t able to provide the remaining (b),(d)-(g) services, it was terminating the remainder of the contract forthwith. But that Taylor wasn’t eligible for a refund as the contract had been under costed in the first instance - which Taylor ought to have been aware of. Assume further that: (i) Taylor – having little choice - accepted the respondent’s termination and promptly found a well-respected architectural firm, to provide the remaining (b),(d-(g) services at a cost of $2,336 and (ii) the original (a)-(g) service contract was perfectly divisible in seven equal $233.57 cost components.

Required:

Advise the applicant, whether, in these circumstances, he can recover $1,167.85 on a quantum meruit from the respondent plus the $2,336 cost of substitute (b),(d)-(g) services?

problem 2:

In mid-January 2011, during severe weather conditions caused by Cyclone Yasi, the Nikkin Kapala, a 60,000 tonne coal carrier, ran aground near Bryon Bay, northern New South Wales.  Its owners, Lismore Shipping Ltd (“Lismore”), entered into a $3 million success fee plus costs contract with a salvage firm, Hawkins Salvage Pty Ltd (“Hawkins”) for its recovery in accordance with a very detailed schedule of operations.  Their contract contained Clause 30 as follows: ‘If a dispute arises out of this agreement, the parties promise that they will try in good faith to resolve the dispute by direct mediation. But if they fail to settle such dispute via mediation, then the dispute shall forthwith be arbitrated upon under the Commercial Arbitration Act, 2010 (NSW) (“CAA 2010”) as amended.’

When salvage operations were well underway, the parties had a major dispute over the schedule of operations and high costs that Hawkins was incurring.  As a result, Hawkins threatened to stop operations and terminate the contract altogether, refusing Lismore’s requests they refer the dispute to the Manly Mediation Centre, as nominated in the contract. Assume that if Hawkins did stop recovery operations, the Nikkin Kapala would likely suffer serious damage to its hull and superstructure.

Required:

a) What advantages, compared with the court system, does alternate dispute resolution have?

b) If Hawkins failed to comply with Clause 30, what enforcement remedies (if at all) might Lismore Shipping have?

c) Advise Lismore Shipping as to what (worst scenario) liability Hawkins would have for damages, if it carries out its threatened strike and as a result, the Nikkin Kapala sustains $6 million in structural damage also causing water pollution from leaking oil attracting a $1 million government fine. As a further consequence, Lismore loses $3 million in shipping income whilst the Nikkin Kapala when eventually salvaged, is repaired; Lismore also spends $2 million to charter another bulk carrier to carry out its shipping contracts until the Nikkin Kapalais repaired and re-certified as seaworthy.

problem 3:

A well-established central Queensland firm of chartered accountants, Arunta, Bardo & Derain (“Arunta”) as part of its community engagement, managed the financial affairs of the seaside  Possum Park Progress Association (“Possum”) on an ex gratia basis, i.e. for no charge. Possum owned a commercial building – “Seaview” - valued at $2 million from which it derived $250,000 per annum in rental income. It also had cash reserves of $3 million. In 2011, in managing Possum’s affairs, Arunta:

A) Failed to renew the comprehensive insurance policy for Seaview. Shortly afterwards, it was damaged by vandals who smashed all its windows causing $100,000 in damage. Possum had to refund its tenants $10,000 in rental fees for the period the building was being repaired. Whilst undergoing repairs, the building wasn’t accessible – due to a council prohibition order – and tenants also lost $60,000 in gross income.

B) Invested $750,000 of Possum’s funds as short term, two year debt bonds issued by Townsville-based investment companyPrimeStorm Ltd. Nine months later PrimeStorm went into voluntary liquidation and Possum lost its entire $750,000 debt bond investment. PrimeStorm had previously had its credit rating downgraded and been dropped from leading investment guides which firms like Arunta subscribed to. Arunta had received a $15,000 ‘incentive placement fee’ from PrimeStorm for investing Possum’s funds with it, but failed to disclose this to Possum.

Required:

a) Advise Arunta of its liability (if any) to Possum under the Australian common law in relation to torts as amended by the Civil Liability Act 2003 (Qld).

b) Discuss avenues for limiting or entirely excluding liability for Arunta’s potential tort liability, under common law, in relation its voluntary unpaid work such as for Possum. Can it be addressed by a suitably drafted exclusion clause?

Homework Help/Study Tips, Others

  • Category:- Homework Help/Study Tips
  • Reference No.:- M9445

Have any Question? 


Related Questions in Homework Help/Study Tips

You identified some immediate areas of concern that you

You identified some immediate areas of concern that you were able to effectively address. You must present the final phase of your improvement plan to your staff and upper-level management. You will create a presentation ...

Write the given assignmentfor this assignment assume the

Write the given assignment. For this assignment, assume the role of a researcher for a nonprofit that examines international juvenile justice systems and/or youth violence. The nonprofit has asked that you complete a pro ...

As of the course text highlights there are many different

As of the course text highlights, there are many different theories-of both human development and management-that may influence how a child development program is run and what decisions a program administrator makes. In ...

Warehouse health and safety risksprovides a detailed

Warehouse Health and Safety Risks Provides a detailed discussion of warehouse health and safety risks. These include risks associated with layout, floors, heating, noise, housekeeping and fire. Review these risks, and in ...

Select two of the nonfiction texts you have read this

Select two of the nonfiction texts you have read this week. Write a 700- to 1,050-word paper detailing your reaction to each selection. Include the following in your paper: A summary of the strategies you think the write ...

Discussion forumdiscussion boardif research could show that

Discussion Forum DISCUSSION BOARD If research could show that the tendency to commit crime is inherited, what should be done with the young children of violence-prone criminals?Or, is crime impulsive? Explain. ALL DISCUS ...

How can make speech certque betterthe topic of speech is

How can make Speech Certque better? The topic of speech is: "how to kill a goldfish" Given the speech is: During my speech about "how to kill a goldfish" my nervousness affected my speech. A signs of this was the fact th ...

Text assignment adirections respond to each question in

Text Assignment: A. Directions: Respond to each question in complete sentences. 1. What are the differences between narration and narrator? 2. What are the differences between omniscient and restricted narration? 3. What ...

Write an essay of 750-1000 words that analyzes issues

Write an essay of 750-1,000 words that analyzes issues involving sexuality from the various positions on the political spectrum. Define political positions in relation to sexuality. Specifically discuss the issues of "tr ...

Directions be sure to make an electronic copy of your

Directions: Be sure to make an electronic copy of your answer before submitting it to Ashworth College for grading. Unless otherwise stated, answer in complete sentences, and be sure to use correct English spelling and g ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

A cola-dispensing machine is set to dispense 9 ounces of

A cola-dispensing machine is set to dispense 9 ounces of cola per cup, with a standard deviation of 1.0 ounce. The manuf

What is marketingbullwhat is marketing think back to your

What is Marketing? • "What is marketing"? Think back to your impressions before you started this class versus how you

Question -your client david smith runs a small it

QUESTION - Your client, David Smith runs a small IT consulting business specialising in computer software and techno

Inspection of a random sample of 22 aircraft showed that 15

Inspection of a random sample of 22 aircraft showed that 15 needed repairs to fix a wiring problem that might compromise

Effective hrmquestionhow can an effective hrm system help

Effective HRM Question How can an effective HRM system help facilitate the achievement of an organization's strate