Part A
1. Go to the following website and locate this case
Mildura Office Equipment & Supplies Pty Ltd v Canon Finance Australia Ltd
2. Explain what is meant by the term ‘medium neutral citation'. Which case citation should be used if the case is subsequently reported in the law reports?
3. Which case established the definition of a unilateral contract and what was held in that case?
4. Which of the parties did Dodds-Stretton J regard as the more reliable witness and what was the significance of this?
5. What was the decision of the court?
6. Briefly state the plaintiff's claim.
7. Why did the plaintiff's argument fail?
8. The plaintiff appealed the decision (a) give the case citation for the appeal; (b) state the outcome of the appeal; (c) what reservations did Kellem JA have in respect of the presentation of the plaintiff's case?
9. Do you think this case was dealt with fairly? Give reasons for your answer.
1. In the form of a short essay, discuss the following statement:
"It is commonly accepted by lawyers that the adversarial system designed to resolve disputes is an inefficient system. Alternative dispute resolution is a far better system".
10 NB: You must discuss both sides of the argument.
2. Bastian is a mature aged student trying to save money when buying his textbooks. He finds Penny's advertisement for one of his textbooks on the university noticeboard asking for $90.
Bastian phones Penny and offers to purchase the textbook for $60. Penny says: "that is too cheap". Bastian decides to look around for a better deal but has no luck. The next day he phones Penny and asks to buy the textbook. Penny replies that she has already sold the textbook to another student. Bastian says he accepted her offer of sale yesterday and that she had no right to sell the book to another student.
(A) Is there a binding contract between Bastian and Penny? Provide case law in your answer.
Bastian's 14-year-old son, Peter, was frustrated by the slow Internet speed at home. He was so frustrated that he phoned up a service provider, requested superfast Internet, and made all the arrangements to have it connected. The agreement with the service provider was for $69.99 per month for 24 months. Peter did not make the first payment and now his parents, Bastian & Mary, also refuse to pay.
(B) Can the service provider sue Peter or his parents? Provide case law in your answer.