Contract Law Task 2 - Memorandum of Advice

Scenario -Second Hand Rose would like clarity in relation to the contractual effect of a number of emails concerning a transaction between them and a company they engaged to restore the deck of their beer garden, Coastal Deck Co.

- Daisy did not read the terms and conditions that Leo attached in his email.

- Daisy did not clean or sweep the deck before Coastal Decking Co arrived.

Workers from Coastal Decking Co arrived on the morning of 25 August and used a power hose to clean the deck. Many of the decking boards disintegrated under the pressure. The deck can't presently be used as it presents a risk to patrons.

Coastal Decking Co applied the sealant before the deck was completely dry, resulting in a number of ugly whitish patches.

At the end of the day, Daisy was shocked by the amount on the invoice. She is a small woman and felt intimidated by the workers who refused to leave until she paid the entire amount through Coastal Decking Co's eftpos machine, so she paid the entire amount of the invoice.

Email chain:

SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 4:50 PM

To: c..o@gmail.com

Hi Team,

I was browsing through your website and see that you offer a 'deck refresh'. Our beer garden deck is looking scruffy. It

is 50 square metres. Can you do us a deal?

Daisy

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 4:55 PM

To: SecondHand Rose &..8@gmail.com>

Hi Daisy

We can offer you a competitive price of $1500. You will find you won't get a cheaper price anywhere else in

Melbourne!

Leo

[Quoted text hidden]

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 4:57 PM

To: Coastal Decking Co &..o@gmail.com>

That sounds good, I would like to get a few more quotes before I accept your offer.

[Quoted text hidden]

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 5:01 PM

To: SecondHand Rose &..8@gmail.com>

We do standout job of removing previous coatings. We also apply our proprietary sealant.

Its worth your while to add a few years to the life of your deck

[Quoted text hidden]

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 5:02 PM

To: Coastal Decking Co &..o@gmail.com>

Oh, you have convinced me - I accept your offer! When can you do it?

[Quoted text hidden]

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 5:23 PM

To: SecondHand Rose &..8@gmail.com>

Hi Daisy,

You are lucky - we have just had a cancellation and I have booked you in for tomorrow!

I am attaching the technical details for you to see what a great service we offer.

Let me know if you have any questions - see you soon!

Leo

[Quoted text hidden]

The Coastal Decking Co Terms and Conditions:

1. The customer must remove all debris and clean the deck before work commences.
2. Removal of previous coatings will incur additional costs to the customer than the quoted 'refresh' rate.
3. A deck 'refresh' comprises cleaning the deck with a pressure water hose.
4. The Coastal Decking Company is not liable for damage caused to weak or rotting boards, through any means whatsoever.
5. The application of our proprietary sealant incurs an additional cost of $30 per square metre.
6. Our propietary sealant may not be suitable for previously coated decks.
7. The customer must pay the full price on the day of completion of the refresh.
8. The Coastal Decking Company does not guarantee the final appearance will resemble sample pictures on its website.
9. The customer agrees to provide a positive review on the 'Trust a Tradie' website on completion of the work.

Gmail - Repair deck https://mail.google.com/mail/u/0/?ik=7ed34c1d30&view=pt&search=a...

1 of 2 24/08/2022, 5:34 pm

57K

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 5:26 PM

To: Coastal Decking Co &..o@gmail.com>

We are at 366 High Street Northcote.

Daisy

[Quoted text hidden

...................................................................END OF EMAIL CHAIN..................................................................

Copy of Invoice

GST INVOICE - SECOND HAND ROSE

1. Deck Clean and Sweep: $500
2. Chemical Removal of Previous Sealant: $1500
3. Deck Refresh: $1500
4. Seal Deck: $1500

TOTAL: $5500 (Inclusive of GST)

Thank you for your business! Don't forget to post your review on TrustaTradie.com, as per our Terms and Conditions.

Task:

Please construct a memorandum (structure mentioned below) of advice forSecond Hand Rose, in relation to the emails and please discover her legal rights and liabilities, was she overcharge unjustly or was it her liability to check the terms and conditions emailed to her for clarification?

(Memorandum of advice sample template)

Dear [insert name of superior], Introduction: In this matter, I am instructed to advise whether... [provide your instructions and insert main legal issue] [Insert how you will structure your MOA and any other important information]

Summary of Advice 1. XXX: [insert your main recommendations in terms of IP - rights/ obligation for your superior to consider]

2. YYY: [insert your alternatives to the main recommendation for your superior to consider]

3. ZZZ: [Your discretion] I suggest completing this part at the end, after your analysis, and you have a clear basis for your recommendation. Legal Issues Legal Issue 1: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow]

Legal Issue 2: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow]

Legal Issue 3: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow] Legal Issue... Etc.

Conclusion: [Summarise your conclusions (likely legal outcome) and the impact of your advice]

- Please use case law for your response of 1500words, legislations are not necessary.

- Please use relevant case law to support your response!

- Please reference your response to AGLC-4 standards and provide citation

- Please take your time and don't rush!

Thank you