Problem-solving questions

Question 1

1. Beth went to Ovens, Inc., a store in Muscat, to buy a new oven. The store had many types of ovens and Beth did not know which one to buy.

A young salesman named Fred asked Beth what type of oven she was looking for.Beth said, "I don't know much about ovens, but I like to cook pizza, so I know I need one with a stone tile cooking surface that heats up to at least 600 degrees."

Fred showed Beth an oven in the store and said "Today is your lucky day! This TTT oven is the best pizza oven sold in Oman! It has an excellent stone tile cooking surface and heats up to over 650 degrees."

After looking at the TTT oven, Beth told Fred she would buy one. Beth then signed a contract for the oven which mentioned only that it was the TTT and price of the oven.

When the TTT oven was delivered to Beth's home, she noticed that it looked different from the oven she saw in the store. It was an older model. The tiles were made of concrete, not stone, and when Beth turned on the oven, it only heated up to 550 degrees. As a result of the concrete tiles and low heat, Beth's pizza would not cook properly.

Beth asked Ovens, Inc. to take the oven back and refund her money, but the store refused.

Required: Beth has hired you as her lawyer and wants to know if she has any basis to sue Ovens, Inc. Please advise Beth about all possible legal claims she may have against the store.

Question 2

Paul was looking for a new table, so he went to the Tip Top Table Company (TTT). As he was looking around, he noticed a beautiful table in which he really liked.

A salesman approached him and asked if he could assist. Paul said that he has 4 boys in his family and that they were all very rowdy and active and would always jump on the table.

The salesman said that he knows a table but it is not in the showroom but it looks very similar to this table and it's called the Max Table. The salesman said, "This table can hold up to 1000 kilos and that even if 10 children jump on it, it will still not break. Additionally, it's the most beautiful table in the world."

Paul became very excited and said I will buy it now. They went to the office where Paul signed a very basic contract in which it said Paul will pay $5,000 for the table. On the contract was also written the words:

"TTT, Seller, will not be responsible for any damages which may occur as well as the quality of the table."

The table was delivered to Paul and that evening when his 4 children arrived they began to play near the table. They all said that the table was the ugliest thing they have ever seen. One of the children placed their laptop on the table and the table cracked and broke in half.

Required: Paul is very upset and asks you, his lawyer, what he can sue for. Please advise Paul.

Question 3

John is interested in buying Hanan's apartment in HCMC.The parties meet, negotiate and sign a written agreement as follows:

"John will pay Hanan $60000 for the Apartment and Hanan will give John complete ownership of the apartment and its contents, including the sofa, bed and kitchen table and chairs.The parties will transfer ownership on Saturday, 16 December 2019."There are about five more pages in the document, containing information about insurance, how the money will be transferred, registering the property in John's name, and other relevant details.

Before signing the document, John asks Hanan if he can also have her "Honda Click" motorcycle, which is parked downstairs in the garage.Hanan tells John "sure, you can have it as part of the deal. I am moving to America anyway, and I will buy a car when I get there".There is no mention of the motorbike in the written document.

On December 16, John transfers $60000 into Hanan's bank account and they go to the Land Title Office to transfer the apartment into John's name.Hanan gives John the keys.He returns to his apartment, opens the door and finds that the furniture is all there.He goes to the garage and realizes that the motorcycle is missing.He calls Hanan and yells at her, demanding that she deliver the motorbike. She says she has changed her mind and that she is taking the bike with her to the USA.He says he will sue her.

Required: Will he succeed? Why or why not?Explain fully using Australian case law.