Question
Mindy owns a secondhand-book shop on the Gold Coast. The bookshop is in desperate need of a good clean and Mindy is keen to secure
Mindy owns a secondhand-book shop on the Gold Coast. The bookshop is in desperate need of a good clean and Mindy is keen to secure some assistance. She sends a group text message to a group of her close friends asking if they 'can join everyone in a working bee to clean the bookshop on Sunday 28 November'. Mindy's friends respond (copying all others in the group) with enthusiasm and some even offer to bring drinks and morning tea. Peter, a close friend and professional cleaner, is included in the group text. He responds that he 'would love to be part of the crew helping his dear friend'. Peter and the other friends arrive as planned on the day. Peter surprises everyone by bringing along a generous supply of cleaning products for use. They work all afternoon dusting the bookshelves, cleaning the windows, polishing the floors and tidying the front garden. When they finish, the bookshop is sparkling clean. Mindy is so thrilled that she promises to take them all on an all-expenses paid Sunshine Coast vacation in January. Each of her friends accepts this kind gesture. Mindy purchases many of her secondhand books from the Dusty Book People Pty Ltd (DBP), a large wholesaler of used books. Mindy does so under a contract of purchase that contains the following provisions: 4. This contract commences on 1 January 2021 and continues until 31 December 2022. 5. DBP agrees to sell, and Mindy agrees to buy, a bundle of 100 used books per month. Mindy agrees to pay DBP $400 per bundle. Payment is due upon delivery. 6. The books delivered under Clause 5 must be best sellers (i.e., they must be books listed on a current or previous best seller list published by a global bookseller or national newspaper) and must be in good condition (i.e., they must be complete, and all of their pages and covers must be odor free, untorn, unmarked, unstained, and unfolded). 21. DBP must deliver each bundle of books to Mindy by the end of the relevant month. This is a good deal for Mindy as the books would cost her $5 each from other similar suppliers. The deliveries made from January to November (inclusive) complied with the contract. It is now 9 December and DBP have sent Mindy 100 books. These books are best sellers. However, 15 of these books are not in good condition. Mindy telephones DBP and informs it of the problem. DBP tell Mindy that it is having difficulty securing books that are in good condition and that the January delivery will be the same as the December delivery. Mindy is outraged. She immediately sends DBP a letter 'terminating their contract' and citing 'a noncomplying December delivery' and 'DBP's advice that the January delivery will be the same' as her justification. Mindy regrets promising to take her friends on a holiday. She posts a letter to each of her friends explaining this. Most of her friends receive this letter and understand her position. However, Mindy's letter to Peter is lost in the mail. Mindy is concerned that Peter is still under the impression that the holiday is proceeding. She wonders what the legal position is and what her next steps should be. Mindy is also concerned about the potential responses that she might receive from DBP and her resulting rights and obligations. Advise Mindy. You are to ignore all statutory provisions in proving your answer.
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