Assignment title: Information


Question 1 On 1st April, Bill posts an offer to supply a quantity of 25 special motor parts (adapted to suit Henry's specifications) to Henry for a price of $500 each. This offer reaches Henry on the 4th April. On the 5th April, Henry sends a letter to Bill stating: "Please advise if price quoted in your offer includes machining costs". In response the next day, Bill posts a letter to Henry stating: "The motor parts are $500 each including machining costs." This letter reaches Henry on 8th April. On the 10th April at 2pm, Henry sends a letter to Bill stating: "I accept your offer for 25 special motor parts at $500 each including machining costs." This letter reaches Bill at 3pm on the 11th April. However, on the 9th April, there is a change of plans by Bill. As a result, Bill sends a letter to Henry at 1pm on the 9th April seeking to cancel the earlier offer and stating that the price of the motor parts is now $600 each not including the cost of machining. This letter is received by Henry at 4pm on the 10th April. Is there a valid agreement between Bill and Henry for the supply of special motor parts? If so, what is it for? Justify your answer fully, citing case authority wherever possible. Question 2 A hypothetical Perth city by-law provides as follows: "No person shall, by speaking, shouting, singing or playing any musical instrument, or any act whatsoever, behave in such a manner as to cause obstruction to traffic." Ben was dressed in a chicken suit in the main street of Perth handing out promotional brochures to pedestrians and drivers. He was arrested for obstruction of traffic under the above by-law. Has Ben committed an offence under it? In answering the question, discuss and apply the rules of statutory interpretation. Question Three Prue retires from a firm on 30th June 2008. Unbeknown to her the firm fails to publish a notice of retirement in the local newspaper or the Government Gazette. The firm does however send a circular to its existing clients in June 2008 stating that Prue was retiring from the partnership on 30th June 2008. Jason became a client of the firm in July 2008. Subsequently he sued the firm for negligence and was awarded damages of $600,000. Upon enforcing judgment Jason is only able to obtain $250,000. Jason then discovers that Prue had been a partner of the firm. Can Jason now sue Prue and claim from her the balance of $350,000? Kindly send question one today as you already have it. Please note that the name of the characters is different however the question/case is same.