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6. You are Senior Collector for Shed Base Ltd, a company that builds sheds and summerhouses to customers' specification. Shed Base recently took an order from Mr Antonio who has placed several orders with it in the past. Having a trading history with Mr Antonio, it was not felt necessary to ask for payment in advance. The summerhouse was delivered and erected. Mr Antonio gave a cheque to your delivery driver for $2,845; however this cheque bounced due to insufficient funds in the account. Your company has a policy to immediately commence legal proceedings where a cheque is dishonoured. TASK a ) Detail what is meant by pre-action protocol and apply it to the scenario above. (10 marks) b) Demonstrate your understanding of 'the right to interest'. (6 marks) c) Given the information above, briefly explain whether or not Mr Antonio has a defence to your company's legal action, justifying your response. (4 marks) (20 marks)2. Unicorn Developments, a house building company, is owned and run by Jack Altrades. They owe your company, Candy Building Supplies, E27,500 in unpaid invoices and you are considering legal action for recovery. As Credit Controller of Candy you receive notification that Unicorn Developments is in compulsory liquidation. While reading through the documentation, you note that 'The Bungalow' was commenced in June 2011 and scheduled for completion Feb 2013; however the actual build was not finished until Oct 2013. As yet it is still unsold. The slippage in completion resulted in a cost overrun of some $600,000, largely financed by Jack Altrades and trade creditors. The Director (Jack Altrades) states he hugely underestimated the build costs of the bungalow. Consequently, liabilities significantly outweigh assets. TASK a) Summarise the different grounds for a Compulsory Winding-Up, making reference to relevant law, and possible outcomes in the winding-up in relation to 'The Bungalow'. (8 marks) b) Discuss what you know about wrongful trading"; what are your conclusions about Jack Altrades? (6 marks) c) As Credit Controller, what systems and warning signs should you be aware of in order to identify clients that may become insolvent? (6 marks)Question 1 Ed is the owner of the newly opened Ed's Custom Car Wash, where car washes cost $25. While he was grocery shopping in his home town, which is located 20 miles from Ed's Custom Car Wash, he was greeted by his friend Alice. After they chatted for a moment, Ed said, "Come by my new car wash and I'll give you a free car wash tomorrow." Alice replied, "Thanks. By the way, we've got a few extra tickets for the game tonight. If you want them, they're yours." A few minutes later, Edran into police officer Brown, who worked in Ed's home town. Ed said, "Officer Brown, if you will drive by my house soon and make sure everything is OK, I'll give you a free car wash tomorrow." Officer Brown, who was about to begin his job of patrolling Ed's neighborhood, replied, "I accept your kind offer." Officer Brown then left the store and began his routine patrol, which, as always, promptly took him by Ed's house, where everything was in order. When Ed returned home from shopping, he saw his next door neighbor, Charlie. Ed said, "Charlie, I'll give you a free car wash tomorrow at my new car wash." Charlie replied, Thanks, I'll take you up on that." As soon as Ed arrived at work the next day, he found a long line of cars at the car wash. He phoned Alice and Officer Brown, and told them that he would not give them free car washes. Then he saw Charlie, who had left work and driven for one-half hour to get to the car wash and was waiting in line. Ed immediately told Charlie, "I am not going to give you a free car wash." Does Ed have an enforceable obligation to Alice, Officer Brown, or Charlie? Discuss.5. You work in the recoveries department at Pounds In and you have been tasked to review the judgments your company has been awarded against its non-paying customers and to make suggestions about the most appropriate enforcement action. TASK For each of the following, suggest the appropriate enforcement action, describe it and explain why you believe it is the most appropriate. a ) Chris is a 19 year old bar person. He works 5 nights a week on minimum wage; he lives at home with his parents and your judgment is for $253. (5 marks) b) Rebecca restores antique sewing machines. She is self employed and rents a lock up on the local industrial estate. The judgment debt is $1,378. (5 marks) c) Lexi lives alone in her own house that she bought with a mortgage 15 years ago. She works full time and has no dependants. The judgment debt is for $28,793. (5 marks) d) Denis is unemployed having been sacked for gross misconduct. The judgment debt is [109 and is one of several that he has. He is currently of no fixed abode and his employment prospects are grim. (5 marks) (20 marks)QUESTION 4 Owner wants to turn her warehouse into a restaurant. She decides to install an innovative solar heating system, which Contractor agrees to install at a cost of $50,000. Contractor's son ("Son") wants to use two parking spaces in the warehouse parking lot for his (Son's) business. If Owner agrees to designate two parking spaces for Son's use for five years, Contractor will drop the price to $35,000. On November 13", the parties agree to the latter arrangement in a valid written contract in which Contractor promises to start the job on November 17" and to complete it by January 1". The contract includes a recital stating, "Timely performance by Contractor is important to avoid any delay in the opening of Owner's restaurant." State law requires that all installations of the new solar systems be done by a certified solar technician. On November 15", the only certified technician who works for Contractor, Tech, is injured in a car accident. Contractor immediately notifies Owner and advises her that the start of the work will be delayed because of Tech's accident. Owner replies, "You know that on-time performance is crucial. Yesterday, the city announced special tax breaks for businesses that open by the end of the year. Can you still finish by then?" Contractor says, "I don't know when we can start. It depends on how quickly Tech recovers." Owner tells Contractor that she is terminating the contract. Owner finds an alternative supplier of a similar system at a cost of $60,000, but he can't start work immediately and the restaurant opens in February of the following year. Owner misses the deadline for the city tax break. Owner sues Contractor for breach of contract. Son sues Owner for breach of contract, seeking damages for Owner's failure to provide the two parking spaces. 1. Can Owner prevail in her lawsuit against Contractor? Discuss. 2. If so, can Owner recover a. The $10,000 in increased costs for the heating system? Discuss. b. The lost profits for the delay in opening the restaurant? Discuss. c. The value of the tax reduction? Discuss. 3. Can Son prevail in his lawsuit against Owner? Discuss