Fly-by-Nt pty ltd is a telecommunications service provider that provides various communications services throughout Australia to various retail customers.The terms of its standard customer contracts are as follows. 1. We will use due care and skill in providing our services and will provide our services in accordance with this agreement. However,given the nature of telecommunications systems (including our services reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault free. 2. We maintain all of our services for long as they are offered to customers 3. We try to connect your services within a reasonable time 4.we guarantee to keep any appointment we make with you under this agreement. 5. you must not use a service to commit an offence or allow anybody else to do so. 6. You must pay all charges For the services as set out in our price list. 7. You must pay all charges and rental within 15 days of receipt of your bill. 8. We will bill you monthly 9. Definitions 9.1 In this agreement, Service includes any goods or equipment provided in connection with a service. We means Fly-by-Nt Pty Ltd You means the customer we make the agreement with. In Oct 2015 ,Fly-by-Nt (FBN) entered into standard customer contracts with each Wigy(W) , Russ (R) and Dunn (D). It agreed to provide W with a landline and telephony services for two years. R with high speed broadband services for one year. D with mobile voice and data services for 18 Mths . Before they entered into their contracts with FBN , Wigy ,Russ and Dunn made sure they read and clearly understood the terms. 7 Days before entering the contract with FBN , W spoke to Pat , one of FBN call centre employees, about the services the company provided. During that conversation, he told that he suffered from asthma and he was really concerned about being able to ring emergency services in case he needed an ambulance. Pat replied , Don't worry about a thing Wigy. I have a daughter with tha same medical condition. She subscribes to FBN landline and telephone services and has never had a problem.' Until Jan 2016 , W never had a problem with FBN. However, on 1 Jan 2016 , he was unable to make international calls for 2 hours. On 5 Jan 2016, he could not ring his mum at the usual time of 6.30 pm because FBN telecommunications network was not working properly. On each occasion, he rang FBN customer complaint hotline to report his difficulties but accepted the explanations FBN employees provided. On 6 Jan 2016, W had a life threatening asthma attack but could not call emergency services because FBN network was down again. Wigy survived the asthma attack but after reading in the local newspaper that FBN did not properly train its network technicians and the lack of training triggered the network outage on 6th Jan 2016 (but not the outages on 1 and 5 Jan 2016), he decided he wanted to switch to a more reliable telecommunications service provider. Shortly after entering the contract with Russ , Bill a FBN technician, contacted R to schedule a date on which he could install certain equipment needed to provide the high speed broadband services R ordered. They agreed that 10.15 am on Thursday, 3 Oct 2015 was mutually convenient. R waited patiently for Bill at the agreed time and date. However, Bill never showed up. Bill rang R the following morning to apologise. He told him that his young daughter was ill and he needed to take her to a doctor. R replied, No worries , mate. I know what's it like. I've got small children of my own'. They also agreed that Bill could install the equipment on 8 October at 5 pm but, again Bill did not show up. When Bill rang R to apologise, R told him, 'Listen,stop stuffing around. I don't have anymore time to waste. I've decided to subscribe to Wizzy pty Ltd . It has a much better reputation for customer service.' Meanwhile, D enjoyed his mobile voice and data services. D received a bill from FBN for $45 on 31 Oct 2015 but D forgot to pay until 20 Nov 2015. On 30 Nov 2015 , D received a second bill for $45 from FBN. However, being distracted by the holiday he was planning, D did not pay the bill until 30 Dec 2015. D received a third bill for $45 on 31 Dec 2015 but rang FBN to tell the company he wasn't able to pay the bill until 1 Feb 2016 because he spent too much money on Christmas presents for his mates. On 31 Jan , D received a fourth bill for $45 from FBN .Enclosed with the bill was a letter addressed to D. It stated , 'Unless you pay this bill on or before 14 Feb 2016, we will have consider our legal options, including our ability to cease to provide services for you.' D failed to pay the fourth bill on 14 Feb 2016. On 15 Feb 2016 , he learned that FBN had terminated its contract with him. Advise each of Wigy, Russ and Dunn. Assume no terms can be implied into each of their contracts with Fly-By-Nt(FBN) Do not use any statutes. Only consider the following topics and cases. -performance & breach -termination for breach -termination for repudiation -termination for delay -consequences of affirmation or termination -restrictions on the right to terminate Cases to use with AGLC footnote: Tramways Advertising v Luna park Hong Kong Fir v Kawasaki Koompahtoo local aboriginal council v Sampine Maple Flock v Universal Furniture Products Laurinda v Capalaba park shopping centre DTR nominees v Mona Homes Foran v Wight Associated Newspaper v Bancks Carr v Berriman Tropical Traders v Goonan The above cases have to be used with footnotes. There should be an introduction and then for each of W, R and D their should be a conclusion. Set out the principles clearly with headings for W, R and D Word count 900 for Wigy Word count 550 for Russ Word count 550 for Dunn Total word limit is 2000