Question
All questions must be answered. Your answers should make reference to cases and statutory provisions where relevant. 1. What is the ratio decidendi of a
All questions must be answered. Your answers should make reference to cases and statutory provisions where relevant.
1. What is the ratio decidendi of a case? Briefly explain the ratio decidendi of Hochster v De La Tour (1853) 118 ER 922.
2. Is a judge in the County Court of Victoria required to follow a precedent established by a judge in the High Court of Australia? Explain why the hierarchy of the various court systems is an integral part of the doctrine of precedent.
3. Barbara entered into a contract to buy a very rare piece of painting from Sonya. Sonya has had a change of heart and wants to keep the painting. Barbara is devastated. Advise Barbara whether a court is likely to order specific performance of this contract.
4. Which of the following buyers would be classified as a consumer within the meaning of section 3 of the Australian Consumer Law (ACL)? a) A baker who purchases a van for $39,990 to be used in the delivery of bread to nearby cafes. b) A jeweller who purchases a ring for $20,000 for use in their jewellery business. c) A butcher who purchases meat for use in a BBQ dinner in their home.
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