Example Law Exam Monash University Questions And Answers

978 words - 4 pages

SUMMER EXAM Question 1:

John secured a contract of supply of beverages to Myway. David is a distributor of Shaolin Cola in Victoria. John entered into a supply agreement with David on February 2. Pursuant to the agreement, John ordered 12,000 cases of Shaolin Cola from David, 1,000 cases to be delivered on February 6 and 1,000 cases on the first day of each month thereafter. The agreement requires John to pay $20 per case, i.e., $20,000, on receipt of each delivery. Discuss the following separate scenarios.

A. David sent the first delivery of 1,000 cases to John on February 8. Assume that the Agreement contained a “time is of the essence” clause. Is John justified to cancel the contract and refuse further delivery from David?

B. On February 3, David advised John that he was unable to fill John’s orders due to a shortage of supply. What legal options are available to John?

C. On February 3, John advised David that he was unable to accept any delivery from David as Myway was in liquidation. On February 6, John refused to accept the first delivery of 800 cases from David. David sent 6,000 cases six months later. John refused to accept the delivery. What legal options are available to David?

Examination marking guide

Question 1: Part A

The issue: whether John has a right of termination of the contract upon a breach of a condition by David?

Defining condition

Test of condition: Tramway and Associated Newspapers
Law on time stipulation in the contract

Conclusion: Termination of K and refusal to accept delivery justified

Question 1: Part B

The issue: what are the options available to John upon David’s repudiation of the contract?

Anticipatory breach: Foran v Wright

Repudiation: Laurinda, Bowes v Chalayer, Carr v JA Berriman

Conclusion: Election by the innocent party, John:

1. Accept the repudiation and terminate the contract and seek damages

2. Affirm the contract and be willing and able to perform the contract

Question 1: Part C

The issue: whether David has any claim against John after his defective performance of the contrac?

Initial repudiation by John

Election by the innocent party:

· Accept the repudiation and terminate the contract and seek damages

· Affirm the contract and be willing and able to perform the contract Election by David

Affirmation by David

· Defective performance

Breach by David

Conclusion: John’s refusal to accept the delivery was justified: Bowes v Chalayer,
Frustration

Some students have opted to focus on frustration issue. Good understanding of frustration will be given less than 40% of the mark.

Question 2:

Mark and his wife love country living. They drove to Mt Macedon on a Saturday morning and inspected a lovely Victorian house set on 10 acres of lush garden and bush. According to Brendon, the selling agent, the house was owned and used by Mr Jonathan Elliot as his family’s summer house. Due...

Find Another Essay On Example Law Exam - Monash University - Questions and Answers

Syria Questions and Answers Essay

800 words - 4 pages Tica Drury 10/22/13 Period 3 Syria Country Questions FREAS 1. History of the protests a. When did the protests begin? Why did they begin? The protests began 15 March 2011. The president of syria, Bashar Assad, boasted that a revolution would never happen in his country, unlike Syria’s near by neighbors Egypt and Tunisia. President Bashar Assad was wrong however. His country was affected by the ever spreading Arab Spring/Uprising

Astronomy Questions and Answers Essay

1986 words - 8 pages around an axis counterclockwise. Every object seems to move except the star of Polaris. Therefore, Polaris can be considered as a circumpolar star. 24(a). How does the night sky appear differently in year 13500 ? What do you think has happened here? An obvious difference of the night sky between year 2014 and year 13500 is that the shape of constellations changes. For example, the constellation of Tucana becomes significantly longer than that in 2000. According to the Second Law of Thermodynamic, the universe is expanding. The expansion of the universe causes the stars to moving away from each other; therefore, the shape of the constellation changes.

International Relations Questions and Answers

2450 words - 10 pages Project Nikita Green IRLS 210 American Military University Mr. Arthur P. Drennan 1. There are some fundamental differences and similarities between IGOs and NGOs. To begin with, one definition of IGO is, “International/ transnational actors that are composed of member-countries” (Rourke and Boyer 2010, G–6). A few good examples of IGOs are the E.U., NATO, and the U.N. A definition of NGOs would be, “International (transnational

Shakespeare's Plays: Questions and Answers

4161 words - 17 pages 1. According to Braunmuller, Hamlet presents several “questions both common and insoluble.” Give an example, citing act, scene, and line numbers. Explain what is “common and insoluble” about the question. One of the most well known examples of a question that is both common and insoluble within Hamlet is “To be, or not to be” (III.1.56) where he is contemplating the value of life. This question is common as many people think about the reason

Questions and Answers for Information Databases

603 words - 3 pages ITM422 Final Exam Professor Robert Hendry Due: December 8, 2013 Please answer the following questions in your own words. All questions are worth 5 points each. Each question can/should be answered in less than 100 words. Best of luck. 1. You are working as a database architect for your organization. An application programmer that uses your database has a performance problem. The application she is writing has a looping structure

Questions and Answers About Luxury Products

1527 words - 7 pages theoretical relationship between the cue of country of origin and the attributes of a product is largely conducted by product-country images, among which quality as a representative of a country’s production has an important effect on consumers’ evaluations of products (Broniarczyk & Alba, 1994). For example, Korean music has been famous worldwide and because of this consumer may purchase their products to align with trends of Korean stuff and

More Questions from Answers: Belief and Reason

1015 words - 4 pages Surname 1NameProfessorCourseDateMore Questions from Answers: Belief and ReasonThe concept of God or gods presents a question of loaded terms, because this same word represents a global variety of belief systems regarding the existence of one or more gods- if any. Once a system of belief takes hold within a group of people, the believers usually start by explaining their beliefs, their reasoning, the source of their system, and how their religion

Health care Questions and answers - Health - Assignments

646 words - 3 pages Emily McMenamin Review Questions 1. How does health insurance make health care more accessible? It allows people to go to the doctor when they are ill without worrying that they can afford to pay for the visit because insurance pays the majority of the bill. Usually, there is a co-pay required and that ranges from 20 to 70 dollars depending on the doctor and the insurance policy. For people with Medicaid, of Child Care Plus, then there is no co

The hound of Baskerville - Questions and Answers

1162 words - 5 pages . 8. Briefly summarize Watson’s second report to Holmes. Watson has gone to Barrymore’s previous room to investigate. Watson also heard Barrymore’s footsteps at night quite a lot. He found out that Sir Henry got angry because he was not getting answers to his questions so he tried to force them out of Miss. Stapleton. 9. How does Watson feel about his assignment to observe the events at Baskerville Hall? He thinks that some the

George Orwell Questions and Answers - Assignment

2099 words - 9 pages being a straightforward story that may look simple at first, and second being symbolic and hides a deeper meaning. An example being Animal Farm, though a simple tale of animals rebelling at first glance is, after further analysis a metaphor for what happened in the Russian Revolution. Question 3. I agree with the statement; absolute power can and will corrupt both the human mind and the society. With power comes great responsibility and

Answers and explains questions pertaining to ethics

977 words - 4 pages environment and the law. I believe that ethical egoists, even though it is not their belief, should most definitely subscribe publicly to morality simply for the fact of human betterment. Moral principles are instilled on a society to maintain order and guide our actions; this is the underlying reason for publicity of morality. Also another aspect of the morality of community life states that moral rules appeal to all people in similar situations, this is

Similar Essays

Final Exam Questions And Answers Essay

1201 words - 5 pages The “Singing in the Rain” clip starts out at Cathy's apartment buildings doorway, which is four steps up from the sidewalk level. It is obvious that what we are seeing is an urban city based on the cabs and the layout of the buildings that are all adjacent with little to no space in between. Most doors are a step or two up from the street level there are store displays along his rout. Some doorsteps have planters to either side. Some buildings

Biology Final Exam Review Questions And Answers

956 words - 4 pages 1. Mitochondria and chloroplasts reproduce the same way free-living bacteria do—by ___Binary Fission__________________. 2. The tropism that allows seedlings to find their way out of the soil and into the sunlight is _____Photoperiodism_____________. 3. The seahorse is an unusual example of a(an) _______Hippocampus_________________ species because the male incubates the eggs in a pouch before giving birth to fully formed live offspring

Questions About English Literature (Shakespeare) University Questions And Answers

480 words - 2 pages 1. When and where was Shakespeare born? 1. He was born in April 23, 1564 Stratford-upon-Avon United kingdom. 2. What chamberlain lord`s men mean? 2. A royal officer and government official in England whose duties include the appointment of professional men and tradesmen for the court, the regulation of the royal theaters and chapels royal, and the licensing of all plays produced publicly in England. 3. Differences and similarities of Ophelia and

Religiological Questions And Answers Essay

1151 words - 5 pages The interview is composed of 6 different parts that evaluate your outlook/position on specific subsets of religion. For each subset, respond to the example questions as best you can. Feel free to be specific/ elaborate. The subset of Ontology is broken up into 3 more specific categories in order to better outline one’s beliefs on the divine. These 6 categories/ questions that go along with them were outlined by my professor, but if you have