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Australia Law ii) Dispute Number Dean runs a small business - a flower delivery/courier business. He picks up flowers from the wholesale flower market and
Australia Law
ii) Dispute Number Dean runs a small business - a flower delivery/courier business. He picks up flowers from the wholesale flower market and delivers orders to florists operating in Adelaide. He owns a van which he uses to carry out his delivery rounds. One morning Dean's delivery van refuses to start. He is very knowledgeable about car repairs and realises that he can fix the problem himself, limiting repair expenses. However, he needs a replacement part. Dean enters into a contract with Sam, an independent courier, to collect the part from a warehouse for car parts and deliver the replacement part to Dean that afternoon. Dean paid the $79 delivery fee via PayPal. Dean waited and waited. Sam did not deliver it for 4 days. Because of the delay, Dean lost $2000 in fees (he earns $500 revenue per day on average). In addition, Dean missed out on being awarded a $50,000 delivery contract given to the "friendliest and most efficient delivery driver in Adelaide (a small business award incentivising delivery drivers). Not actively delivering during the 4 day period meant he did not attain the target number of deliveries needed to qualify for this award. Dean has suffered mental distress and great disappointment as a result of Sam's inability to deliver on time as per the contract. Dean wants to claim compensation for Sam's breach of contract in the amount of $60,000: $2000 for lost earnings, $50,000 for missing out on the lucrative contract opportunity and $8000 for mental distress. Advise Dean on the amount of damages he can claim legitimately. Make reference to relevant case law discussed in Lecture 4 and Seminar block 2 and answer this problem question using the IRAC method taught in class. ii) Dispute Number Dean runs a small business - a flower delivery/courier business. He picks up flowers from the wholesale flower market and delivers orders to florists operating in Adelaide. He owns a van which he uses to carry out his delivery rounds. One morning Dean's delivery van refuses to start. He is very knowledgeable about car repairs and realises that he can fix the problem himself, limiting repair expenses. However, he needs a replacement part. Dean enters into a contract with Sam, an independent courier, to collect the part from a warehouse for car parts and deliver the replacement part to Dean that afternoon. Dean paid the $79 delivery fee via PayPal. Dean waited and waited. Sam did not deliver it for 4 days. Because of the delay, Dean lost $2000 in fees (he earns $500 revenue per day on average). In addition, Dean missed out on being awarded a $50,000 delivery contract given to the "friendliest and most efficient delivery driver in Adelaide (a small business award incentivising delivery drivers). Not actively delivering during the 4 day period meant he did not attain the target number of deliveries needed to qualify for this award. Dean has suffered mental distress and great disappointment as a result of Sam's inability to deliver on time as per the contract. Dean wants to claim compensation for Sam's breach of contract in the amount of $60,000: $2000 for lost earnings, $50,000 for missing out on the lucrative contract opportunity and $8000 for mental distress. Advise Dean on the amount of damages he can claim legitimately. Make reference to relevant case law discussed in Lecture 4 and Seminar block 2 and answer this problem question using the IRAC method taught in classStep by Step Solution
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