Question
Bruce, who lives in western New South Wales and makes boomerangs, was asked by Sid in early January to make 1000 boomerangs and send them
Bruce, who lives in western New South Wales and makes boomerangs, was asked by Sid in early January to make 1000 boomerangs and send them to Sydney. Sid said he would pay Bruce $200 for each boomerang, provided they were received by him within the month. Bruce hurt his arm and was only able to send Sid 750 boomerangs by the end of January, but wasn't too concerned because he thought he had four weeks to fill the delivery and planned to provide the remaining 250 boomerangs early in February. Sid rings Bruce at the end of January and says that Bruce has breached their contract. Sid says the 1000 boomerangs he ordered have not been delivered in time, and Sid does not intend to pay Bruce for the 750 boomerangs Bruce has already sent.
1. Does it make a difference if Bruce is only 17 years old? Why?
2. Does it make a difference if Bruce can prove there was a mistake when the contract was made? What type of mistake has occurred and what is the likely remedy?
3. Can Sid argue there has been misrepresentation by Bruce, and what is the likely remedy?
4. Sid says the timeframe was a condition of the contract. What impact might this have on the contract?
5. Bruce says he only entered into the contract because Sid threatened to hurt him if Bruce didn't agree to provide the boomerangs. What impact might this have on the contract?
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