ASSESSMENT : LEGAL ANALYSIS
QUESTION 1.1
It is your big 1st birthday celebration. Because of the huge interest in your bar you have organised to have a number of high profile soccer stars make an appearance.
One of these is Mickey who is the fastest rising soccer star in Australia and likely to be signed by Manchester United next year. He is currently 16 years old and happens to be Adam's nephew. He agrees to come to your event and because of this,and the advertisement you placed in the Advertiser, tickets have sold out within 15 minutes.You have offered him $15,000 for the evening. "I would be delighted to be there and to go on stage," Mickey tells you over the phone.
You have supplied a written contract to Mickey for him to make three appearances that evening on stage, one being interviewed, one drawing the door prize, and one cutting the 1st birthday cake.
The written contractis expressedas follows:
1. "An interview with the bar owner on stage;
2. Mickey to draw the door prize on stage; and
3. Mickey to cut the 1st birthday cake on stage."
You sign the contract, and send a copy to Mickey. But his mothersigns on his behalf "because Mickey is interstate," she tells you in a covering note when she sends the contract back to you, "but I know how thrilled he will be to help you out."
On the evening of the 1st birthday celebration, Mickey attends and the capacity crowd go crazy when he appears on stage but after his interview he refuses to go back on stage for the other two appearances. He said that he had never agreed to appear more than once.
You do not want to pay Mickey the appearance fee of $15,000 because he did not meet all the requirements of the contract.
• Is the written contract valid? Is there a verbal contract?
• Are the clauses in the written contract conditions or warranties?
• Can the contract be cancelled, by either party, because of Mickey's actions? That is, can you refuse to pay the fee?
QUESTION 1.2
Adam saw a Manchester United hand towel with David Beckham's face on it at the Soccer Super Store. Adam told the store manager that the towel would be perfect for a promotion for the1st birthday celebrations. The manager of the store said that she could supply up to 200 towels at a cost of $1.50 each. She also said the towels could be delivered immediately upon the order being placed. Adam has shown you the hand towel and you agree the quality is very good and exactly what you had in mind as a promotion for the birthday.
Adam and you place an order for 200 towels in accordance with the sample. When the towels arrive, however, 175 of the 200 are found to be of a lesser quality than the sample. You have paid for the order in full.
• What are your rights, if any, under the Sale of Goods Act (SA)?
Part 2 - Leasing and Property
QUESTION 2.1
The bar next door has closed down and the landlord of that premises has approached you to see if you are interested in expanding to this space. You are very keen. You have been supplied with a standard leasing contract.
The standard lease provided to you by the landlord, James, contains the following clause:
Clause 5.1 Lessee's Consent
Where, pursuant to any Act or requirement of any relevant authority, the Lessee's consent is required to any process, step or dealing by the Lessor with its interest in the Land, the Lessee shall give its written consent to such proposed process, step or dealing within seven (7) days of receipt of a written request from the Lessor to do so, provided that such proposed process, step or dealing does not materially or detrimentally affect the Lessee's use of, or access to, the Premises.
You have leased the property. The landlord now wants to install a fake soccer pitch at the rear of the new premises, which will cut across the two properties. However, if he does so it will mean you cannot use the back of the premises for at least two weeks, and you have had a number of enquiries frompatrons keen to bookthis area for social events over this time period. You are unhappy and do not want the fake soccer pitch. You don't want to give the landlord permission to go ahead with his project.
• Using relevant legislation, can you refuse permission, and if so, on what grounds? Will you be successful?
QUESTION 2.2
The landlord has included in the lease a stipulation that you must install, at your expense, new ceiling fans in the outdoor undercover area to improve air flow.
• Are the ceiling fans fixtures?
• What are the consequences of that determination for your ability to take the fans with you when the lease ends and you vacate the premises?
Attachment:- legal_analysis_assessment_3_instructions.rar