Question
josephine had a wedding contract with ross from CWR and a contract is written as such: CWR Standard Form Contract Clause 1. CWR will provide
josephine had a wedding contract with ross from CWR and a contract is written as such:
CWR Standard Form
Contract
Clause 1.
CWR will provide Chapel Services
for 100 guests on 12 March 2021.
TheChapelServicesincludehireoftheCWRweddingchapel,
a
wedding
celebrant,
silkfloralarrangementsandpewbows/flowers,redcarpet,
anda
signing table with two cha
irs.
Clause2.
CWR
willinstalland
provide
a
premiummarqueetentforthe
entertainment of 100 guests on 12 March 2021 from 5pm to midnight.
Linen,
napkins, centrepieces, chair covers,
floral arrangements
and decorations to be
provided by CWR.
Clause 3.
CWRwillprovi
dethediamondcateringpackagefor100guests,
which in
cludes desert sharing platters and t
asting plates.
1
Clause 4.
CWRwillprovidethe
deluxe
beveragespackagefor100guests,
which includes premium wine, beer and spirits, and tea and coffee.
Claus
e 5.
CWR will supply a three
-
tiered specially baked wedding cake
with
topper
. The top tier will be saved and given to the bride/groom at the end of
the night.
Clause6.
EntertainmentandMasterofCeremony(MC)servicestobe
providedby"TheTuneskis".
Thebandwillprovideallsoundandlighting
equipment
for the vent
.
Clause7.
CWRtoinstallandprovide25"glam"tentsforguest
accommodation
.
Clause 8.
The following fees
are
payable by
the Customer
in accordance with
clause 9
:
Chapel Services
$10,000
b)
Hire of 100
-
peson marquee
$
5
,000
c)
Reception dcor and set up
$7,000
d)
Diamond food package (catering)
$22,000
e)
Deluxe beverages package
$4,000
f)
Three
-
tiered specialty wedding cake
$1,400
g)
Entertainment
and MC Services
$5,00
0
h)
Hire of 25 "Glam" tents
$
8,000
i)
CWR event planning
fees
$7,600
Total cost
$
70,000
Clause 9.
Customer
to pay
50
% of the total costs specified in clause 8 by
electronic funds transfer on
or by
10 February 2021.
The balance to be paid
two weeks b
efore the wedding. In the event of cancellation by either party,
the full deposit will be forfeited.
Clause 10.
CWR is not liable for any damage or harm caused, even by its
own negligence.
Signature of Customer:
[End of Standard Form Contract]
Josephine did not sign the contract, but did pay CWR in accordance with clause 9.
the wedding went terribly as Josephine is a famous designer and social posted a total shame and no one wanted to go her for business anymore
all the contract was not delivered it failed her so i want to discuss
Using case law and statutory law,
a
dvise
Josephine
whether she would be successful
in any claims against
CWR
, and if so, what re
medies might be available to her
.
Hint:
D
iscuss
:
1.
the formation of the contract
;
2.
the validity of the contract terms
;
3.
any vitiating factors of the contract
;
4.
any breach
es
of
the
contract; and
5.
any remedies and damages available to
Josephine
.
.
any remedies and damages available to
Josephine
.
Please refer
mainly to case law but include appropriate references to the Australian
Consumer Law.
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