Application Excercise 3y

Question 1 Alati v Kruger [1955] HCA 64 FACTS: Kruger paid for Alati’s fruit businessandtook possession. He discovered that the weekly takings were a quarter of what Alati represented to him. ISSUE: Whether the contract betweenKruger andAlati could be rescinded. JUDGMENT: The High Court found that Kruger had rescinded the contract, andordered that Alati repay […]

Application Excercise 3x

Question 1 The use of the word “reasonable” created uncertainty, because the parties were not in agreement about what “reasonable” meant in relation to school costs and extracurricular expenses. Question 2 Any purchases that could be regarded as reasonable school costs or extracurricular expenses were to be paid by B, according to the agreement. If […]

Application Excercise 3w

Question 1 Empirnall made a number of payments to Machon Paull in return for the building works on Empirnall’s land. Empirnall also retained the benefit of those building works, which improved the value of its land. Question 2 Felthouse had provided no consideration for the purchase of the horse. Given that the offer had not […]

Application Excercise 3v

Question 1 The offer made in this case was Carbolic Smoke Ball Company’s advertisement that it would pay £100 to customers who purchased their device, used it according to the instructions and then contracted influenza. The court decided that Carbolic Smoke Ball Company’s deposit of £1000 in a bank account at the time of the […]

Application Excercise 3u

Task 1 David advertises that he has black Labrador puppies for sale for $100.   Invitation to treat Peter phones David and says he will pay $100 for a black boy Labrador puppy.   Offer David tells Peter he will deliver the puppy when he receives $100 transferred to his bank account.   Acceptance Peter […]

Application Excercise 3t

Question 1 The police exceeded the power of the warrant by not conducting their search of Slaveski’s shop in a reasonable manner. A reasonable search, given the scope of the warrant, should have taken 60 minutes. The police conducted an unreasonably exhaustive search, which took 90 minutes. The police therefore trespassed at the plaintiff’s shop […]

Application Excercise 3s

Question 1 The North Melbourne Social Club argued that they were justified in making physical contact with Horkin’s body in order to prevent his continuing trespass on their property. Question 2 The North Melbourne Social Club’s defence failed because they used an unreasonable amount of force to eject Horkin from their property. Escorting him through […]

Application Excercise 3r

Question 1 If the complainant had been free to walk away, she could not have developed a reasonable belief that she was about to face immediate or imminent physical harm. Question 2 The defendant threatened the plaintiff that his mate would cause her physical harm for refusing his proposition The defendant intended the plaintiff to […]

Application Excercise 3q

Question 1 The victim had trespassed by placing his hand on the defendant’s fence. However, because his action was unintentional and momentary, it was merely a technical trespass and not sufficient to remove the liability of the defendant to provide compensation for his dog’s attack. Question 2 The victim did not trespass because she was […]

Application Excercise 3p

Question 1 The noises in the first three cases were all man-made, while the noise in Courtney v Howell was a recording of a natural bird call. The noises in the first three cases occurred overnight, or at an early hour, while the noise in Courtney v Howell occurred during daylight hours. The noises in […]