Assignment task: Tony agreed to transport a shipment of fruit for Manuel. When carrying the fruit, Tony overloaded the truck in contravention of the Road Transport Act 1958 (Vic). He was fined by the Fruit Squad of Victoria Police after being stopped on the highway.
The governing legislation is found in Section 12 (1) which states: "The owner of a vehicle which carries more goods than it is licensed to carry shall be guilty of an offence. Maximum penalty $1,000 for a first offence"
When Manuel heard about the incident, he refused to pay Tony for the fruit delivery.
Required: applied the IRAC method to answer the question and give detailed references.
Advise Tony as to his contractual rights, and in doing so, describe the difference between illegal and void contracts.
1. Identify any applicable issues e.g. illegality.
2. State relevant law in relation to issues identified including citation of at least one (1) relevant case. Students are also expected to apply the relevant case(s) to the factual situation in the given scenario and then reach a conclusion (and state that conclusion clearly and concisely).
3. What remedy/remedies, if applicable, are available to either? Where applicable, summarize how the remedy/remedies would be applied with reference to applicable common law and statutory principles