Question
Elvis and Priscilla entered the Graceland Hotel in Brisbane. After enquiring as to the availability of a room they paid cash for the penthouse suite
Elvis and Priscilla entered the Graceland Hotel in Brisbane. After enquiring as to the availability of a room they paid cash for the penthouse suite for three nights. They had not been to Brisbane previously and did not receive any other information about the conditions of their stay at the time. That night, Priscilla's diamond necklace was stolen from their room. The next morning Elvis received a notice from the Hotel excluding all liability for lost or stolen items. Can the notice legally exclude the Hotel from liability in this situation?
a.The exclusion clause is not binding because of the principles established inPresley v Wagner
b.The exclusion clause is binding as notice of the exclusion clause may be given at any time during Elvis and Priscilla's stay at the Graceland Hotel
c.The exclusion clause is not binding because notice of the exclusion clause was received after the contract was formed
d.The exclusion clause is not binding because it breaches the 'Four Corners Rule'
On 15 June 2018, Electro Pty Ltd mailed a written offer to Ravi for the sale of an office building.The offer included an express term that the offer would expire on 30 June 2018 if the acceptance was not delivered into the hands of the offeror by the expiration date.On 30 June 2018 at 8.00am, Ravi sent a written acceptance to Electro Pty Ltd via Ravi's personal courier.However, the courier was not able to deliver the acceptance until 1 July 2018.On 2 July 2018, Electro Pty Ltd contacted Ravi, informing him that the acceptance had been delivered one day late.As a result, Electro Pty Ltd refused to honour the acceptance.Which of the following is the most correct statement?
a.There is no contract between Electro Pty Ltd and Ravi
b.There is a contract between Electro Pty Ltd and Ravi.The moment that Ravi gave the acceptance to the courier, a contract with Electro Pty Ltd was formed because acceptances are valid as soon as they are sent
c.There is no contract between Electro Pty Ltd and Ravi.However, if Ravi would have mailed the acceptance on 30 June 2018, a contract would have been created
d.There is a contract between Electro Pty Ltd and Ravi.The fact that the acceptance arrived only one day late is of no significance
Ranger Jack Sparrow from the Queensland Department of Animal Welfare sees a wombat for sale in a pet shop window. The pet shop is owned by William. Ranger Jack charges William under theEndangered Species Act 1901(Cth) which provided the following: "Any person who sells, lends or gives an endangered species to any other person commits an offence."Wombats were defined in the legislation as an endangered species.The matter went to court and the judge decided that William had not breached the Act because Ranger Jack did not purchase the wombat. The Judge most likely relied on which rule in making the decision?
Bill sold a lawnmower to his neighbour Brodie for $350.About five minutes after Brodie paid Bill and received the lawnmower, Brodie asked whether the lawnmower had any safety problems.Bill then promised that it was a perfectly safe machine and he had never had any problems with it.The first time Brodie tried to use the lawnmower, the blades came off and severely cut his legs.Which of the following statements is true regarding Brodie's contractual rights under the common law?
Johnnie is a famous singer and signs a contract with a theatre company for a season of musical performances.A term of the contract stipulates that Johnnie will be the lead singer.He is the lead singer for two nights, but then on the next three nights he finds that he is sharing the stage with two other singers.Can Johnnie terminate the contract?
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