Question
(Australian Aviation Law) Hello, as part of my assignment, I am stuck on on these questions and wonder If anyone working in Aviation Management Australia
(Australian Aviation Law) Hello, as part of my assignment, I am stuck on on these questions and wonder If anyone working in Aviation Management Australia could give me some ideas for an answer?
SCENARIO PART 1
The operations manager of a company that operates two charter aircraft based at Brisbane Airport, has been instructed by the CEO to purchase an additional aircraft . While consulting with manufacturers There have been a number of email discussions.
EMAIL 1: 01 Feb 2022 From Operations Manager to Aircraft Manufacturer:
" Following up on my initial inquiry where I stated that we require a jet. Could you please provide a quote for the aircraft delivered, including finance term options, and forward it to me so I can discuss it with my CEO. "
EMAIL 2: 02 Feb 2022 From Manufacturer to Operations Manager:
"Dear sir, I refer to your recent inquiry in relation to your company's requirement for a jet our price delivered to the airport is $35 Million (AUD) for a preowned model. The written quote is enclosed. Let me know as soon as possible because I can't keep it at this price for long. Finance terms are available. "
EMAIL 3: 3 March 2022 From Operations Manager to Manufacturer:
"Thanks for that. We are not going to pursue the finance option. The price sounds good. Let's go ahead. Please prepare the paperwork".
EMAIL 4: 5 March 2022 From Aircraft Manufacturer to Operations Manager:
"Dear sir, unfortunately, that price is no longer available. On 1 March 2022 the price was revised upwards to $37,500,000 (AUD)."
EMAIL 5: 6 March 2022 From Operations Manager to Aircraft Manufacturer:
This is disappointing. I had already agreed to the price of $35 Million. I feel that you need to honour this price.
What I need need help with is knowing whether the jet manufacturer is contractually bound to honour the $35 million price and some ofter meanings such as:
1. The elements of a binding contact, and whether they have been met?
2. Whether any breaches of the Australian consumer law have occurred, by stating the price , but then changing it?
3. If the $ 35 million price is not possible, the charter company may lease the additional aircraft , What would be some leagal considerations in leasing and aircraft?
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