Discharge of Contract and Remedies - Chapter Business law

Question 4

Maggie is a Professor at the Barossa University who lectures in Cookery and Food Nutrition. However, she is way too busy with her cookery book and TV cooking show to mark the exams for her subjects. She engages Simon, a tutor at the University, to mark the exams. For Cookery, Simon agrees to mark all 100 papers for RM800. This is the standard rate for exam marking. It is a term of the contract that Simon tallies the marks for all exam questions and writes the total on the front of each paper. For Food Nutrition, Simon agrees to mark all 100 papers for RM1,000. The increased rate is due to the fact that Simon has to mark the papers within three days of receiving them because the grades need to be finalised in order to award a scholarship being offered by Health Digest for the Business Law - LAW 60104 14 | P a g e top student in the subject. Again, it is a term of the contract that Simon tallies the marks and writes the total on the front of each paper. First, Maggie gives Simon the Food Nutrition exam papers. Simon marks the exams in three days and hands them back to Maggie. Unfortunately, he has been in such a rush that he has forgotten to tally the marks on the front of each paper. The next day, after reviewing the Food Nutrition papers, Maggie gives Simon the Cookery exam papers. Maggie does not mention the failure to tally the grades on the cover. One week later, Maggie storms into Simon's room demanding to know where the Cookery exam papers are. Simon has marked 95% of the exam papers for Cookery. Maggie yells at him for taking too long to mark the papers and says that both contracts are finished and she is not paying Simon anything because he took too long and didn't do what he was required to do under the contracts.

Advise Simon