Assignment Task: In the following situations nominate the appropriate remedy a court might grant
Q1. Tom's next door neighbour is a keen gardener and an early riser. Each Sunday morning in summer he starts is lawnmower at about 6am. Tom likes to sleep until mid morning on Sundays after socializing on Saturday night.
Should he seek damages as a remedy?
If you answer NO, explain why and state what remedy would be appropriate
Q2. Look at the facts in tutorial 4, question 3 (Tony is deceived into selling his deceased wife's stamp collection cheaply). If Tony successfully sues Sarah:
- What remedy should he seek; and
- Would any other remedy be suitable?
Q3. Look at the facts in tutorial 4, question 8 (sale of Rudolf's motor cycle to Ladislav). If Ladislav accepts Rudolf's offer to sell but Rudolf changes his mind and refuses to hand over the motor cycle and Ladislav successfully sues him:
- What remedy would he seek; and
- Why would this remedy be appropriate?
Q4. Some business operators along the George Street light rail route are suing for compensation for loss of business caused by delay in its completion. If they succeed;
- What would their remedy be; and
- Explain why his remedy would be necessary?
Q5. Terry is hired by Alice to build two fences, one at the back and the other at the front of her house. After finishing the front fence only he has an argument with Alice about his work and refuses to finish the job. If Alice sues him for breach of contract:
- under what rule could Terry claim a right to be paid for the completed front fence; and
- why might the court make such an order?
Q6. You bring a claim against a person who obtained money from you by misrepresentation. If that person invested the money and made a profit:
- what remedy could you could ask the court to order; and
- why would this remedy be appropriate?
Q7. Tariq arrived in Australia three months ago. He does not speak or read English very well. A mobile phone salesman, who is aware of this, persuades him to sign a contract which has a large penalty for early termination. If Tariq wishes to keep the phone but objects to the penalty that he did not know about:
- what cause of action would he have against the mobile phone salesman; and
- what remedy could he seek from the court?
Q8. You purchased a new TV, manufactured by Samsung. Soon after the 12 month warranty period expires it catches fire and causes damage to your house. You have heard about court proceedings which have been brought against Samsung by purchasers of Samsung washing machines which have caught fire and caused damage to houses.
- What is the name of the court proceedings the purchasers of washing machines have commenced?
- Could you join these proceedings as a plaintiff (YES or NO)? Explain WHY?