List of Law for answer 1. Promissory estoppel 2. Express terms 3. Implied terms 4. Remedies in contract law 5. Negligence 6. Misrepresentation 7. Consumer’s rights and the supply 8. Agency How to answer theory (Part A) questions · Don’t open book at the page and write everything on it · If you simply write everything in front of you irrespective of the question we will think you do NOT understand the topic and penalise. · Do look closely at what the question asks of you and address that question · If you do this we will think you understand the topic and award marks PART A QUESTION 1 Explaining your reasons with the aid of cases, what would be the most appropriate remedy in the following breaches of contract? a) for the sale of an extremely rare coin from the 18th Century where the seller changes their mind and refuses to complete the sale b) for the installation of a swimming pool that subsequently leaks, because of incorrect sealing, and floods the lower basement of the owner’s home and c) for the installation of an additional oven in a pizza shop whose owner not only anticipated increased normal trade but also had a special lucrative contract to provide 500 pizzas for a university union function. The university function was to be held the weekend after the agreed date of installation but the oven was not installed for a further two weeks QUESTION 2 The primary function of promissory estoppel is to protect people in certain situations where the promisor changes their mind. Explain the emergence of promissory estoppel in 1947 with reference to the earlier decision in either Stilk v Myrick or Foakes v Beer. QUESTION 3 If a term is to be included in a contract, surely it should be expressly stated between the parties. Why do we need terms to be implied into a contract? Discuss with the aid of examples. QUESTION 4 Answer both (a) and (b): (a) Explain the essential quality required for deciding if an agency relationship exists and provide examples AND (b) Explain the nature of a fiduciary duty in the law of agency and provide illustrations. QUESTION 5 The Australian Consumer Law (ACL) significantly adds to the common law in relation to misleading information. Explain how the ACL has strengthened consumers’ rights. QUESTION 6 If a term is to be included in a contract, surely it should be expressly stated between the parties. Why do we need terms to be implied into a contract? Discuss. QUESTION 7 There are situations where common law damages are inappropriate for a breach of contract and the innocent party will seek an equitable remedy. With reference to relevant cases, 1. discuss situations where the Court applies specific performance, and 1. explain why specific performance is not normally applied in contracts for personal services. 1. Explain the alternative remedy available and the limits to its use by the courts. QUESTION 8 The Australian Consumer Law has significantly altered and ...