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Please provide answers using IRAC method and provide relevant case laws and Fiji Legislations references 1. Smith wants to sell his old fish tank. Now
Please provide answers using IRAC method and provide relevant case laws and Fiji Legislations references
1. Smith wants to sell his old fish tank. Now that he acquired a cat, it seemed less than responsible to leave his fish alone with the feline. Jone liked the tank and made an offer of $100 over email. Smith accepted the offer and sent a formal contract to Jone via fax machine. D Jone crossed out the $100 price and changed it to $20 and sent the fax back to Benny. Do they have a contract? 2. On 10 September 2018 Ace Ltd posted an offer to sell a consignment of 1,000 widgets to Brian, a retailer. The offer said that the price was $10,000 and that the offer would remain open until 31 September 2018. On 12 September Brian telephoned Ace Ltd and asked whether he would be allowed three months' credit. Ace Lid's manager replied that payment would have to be made in cash, upon delivery. On 29 September Ace Ltd sold the consignment of widgets to a third party, Charles. On 30 September Brian posted a letter accepting Ace Ltd's offer. This letter arrived on 1 October. Upon opening the letter, Ace Ltd's manager telephoned Brain and told him that the consignment of widgets had been sold and that further similar widgets were not available. Advise the parties as to whether or not a contract has been created. 3. Adam aged 14 years wishes to throw a surprise 40" birthday party for his mother. He has saved some money from several small jobs but needs to borrow about $3,000 from his kind Uncle Bert. Adam is talking to Uncle Bert at a family barbeque, who is happy to help out and so lends Adam the needed money on the understanding that Adam can pay off the loan when he starts his new after school job at the supermarket. Adam contacts caterers, decides on the menu, and pays a deposit. He then spends all of Uncle Bert's money on the party. He can't repay Uncle Bert as he decides not to take the supermarket job but to finish school and study hard to get the traineeship he wants. Advise Uncle Bert if there is a valid contract between Adam and Uncle. Bert Use case laws and the appropriate legislations to support your argument4. Bradley, the 17-year-old son of wealthy parents who live overseas, is enrolled at a regional university. Before leaving his capital city home he pays a small deposit for a $350 000 Porsche sports car which he is allowed to take away because the dealer knows his parents. At university Bradley learns about extreme poverty in developing countries. He wishes to repudiate (reject) the contract for the Porsche and donate the value of the car to the charity, World Vision. Answer the following questions on the basis of the law applying in your jurisdiction. (A) Explain whether Bradley is legally able to repudiate the contract and recover the money he paid (B) If Bradley can repudiate the contract, does he have to return the Porsche? 5. Roy was a busy taxi driver in a Suva Street. He has been a taxi driver for 15 years now, started driving when he was 18 years old in Lautoka. Johnny knows very well the dangers faced by taxi drivers every day. One Saturday Morning Roy picked up James at the Purple Haze Night Club and drove towards the direction of FNU Nasinu It was also raining heavily at that time. As they approach the zebra crossing adjacent to Nasinu, Roy's phone rung, it was Maciu. While Roy was busy answering the phone, he forgot to stop at the zebra crossing, as Jacky a FNU student crossed the road. As a result Jacky was hit and thrown onto the sidewalk. Jackyy received serious injuries as a result of the accident. In this scenario, who should be held liable for negligence under tort law? WhyStep by Step Solution
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