Question 1 (15marks)

Mekalais the nanny for Mr.and Mrs. Perera who takes care of their children and helps clean the house. Mrs. Perera has promisedMekalaRs. 200 per hour.Mekalausually works for 5 hours per day.

On Friday the 20thof November Mrs. Perera requestsMekalato work for 1 hour extra as she has to go to the office early on that day. Mrs.Perera promises she will payMekalaextra for the hour. But,laterMekalagets paidRs. 1000as usual on the day.

Next Friday Mrs. Perera requestsMekalato stay for an additional 5 hours to help her get the house ready for a party she is organizing. Again Mrs. Perera promises additional pay for these hours. On that dayalsoMekalagets paidRs. 1000for which she is very upset as she believes she deserves an extra payment; but Mrs. Perera refuses.

Required

(a) Explain how the contracts madebetweenMekalaand Mrs. Perera areformed.

You will need to address all the essential elements of a contractas well as analyse the legal status of each step or event that ledMekalaworking overtime.In this part, do not discuss the impact, if any, of consumer protection laws.Please explain your answer with at least two legal references, such as cases or legislation.

If there is a valid contract, what remedies are available toMekala? Please explain your answer with at least two legal references, such as cases or legislation.

You may, but are not obliged to use the IRAC format for this part, given that each step or event must be analysed separately.

Question 2(15 marks)

Vinudecides to hire some ladders and planks from "ViratKohliHardware ShopGampaha" to repair his house. When he collects the hired goods, he is asked to sign a hiring agreement.Vinusigns on it as requested by the employee. WhilstVinuis using the equipment, one of the ladders collapse as the ropes holding the ladder steps are badly worn, andVinuis seriously injured.

WhenVinurecoversand tries to sue "ViratKohli"he notices a clause in a small font on the back of the printed agreement which he signed stating "the hirer accepts no responsibility for personal injuries suffered by persons using our equipment during the period of hire, irrespective of whether such injuries are caused by breach of contract, negligence or any other cause whatsoever."

(a) Explain whether theViratKohilis legally entitled to rely on the clause printed on the ticket to avoid liability in relation toVinu'smishap.

For the purposes of this part you should consider both common law as well as consumer protection legislation. Please also confirm whetherAvinashqualifies as a 'consumer'.

Please use IRAC.