Question 1 (30 marks) Sean is a university student. Since 2011, he has listened to podcasts through a popular program known as AudioApp. In January 2017, Sean began researching the possibility of creating a collection of his own podcasts to be posted on AudioApp. Sean's research involved speaking with and writing to ten AudioApp podcast-makers about their recording and production practices. On 14 June 2017, Sean placed this ad online: 'WANTED: Handyman to help set up small studio suitable for AudioApp. I'm just starting out making podcasts, but I want mine to be as good as those made by experienced AudioApp artists. Really hate background noise. So, I'm mainly looking for help with sound insulation. Message me.' On 15 June 2017, Maryam responded in writing: 'Hi Sean. You posted that you want a handyman. I'm a woman, so I'm not sure if that means I can't apply! Anyway, I've done a few of these studios, so I know what they need. How about we meet to chat about it?' On 20 June 2017, Sean and Maryam met at a caf. The following exchange took place. Maryam: 'Good stuff. Your studio is about the size of an average bedroom, you say, so I can give you the standard AudioApp sound insulation package. You're looking at about $300, and it'll take a full day. So, do we have a deal?' Sean: 'Sweet! Too easy. We should get my lawyer to write it up, though. I'm going on holidays for the next month, so let me give you a key so you can check the measurements and otherwise do your stuff.' Sean and Maryam then touched clenched hands together, simultaneously exclaiming 'Trump bump!' On 21 July 2017, Sean returned to his home. By that date, Maryam had completed work on the studio. The result was that the walls and ceilings of the studio were covered in cardboard egg cartons stuffed with cotton wool. At trial, Sean gave this evidence: 'Look, I'm still using it as a studio, but it's not what I wanted. I was expecting it to comply with world's best practice. That should have been so obvious to anyone with any experience in the area, surely. I was expecting noise-cancelling electronic equipment and architect-designed absorption surfaces. What I got was egg cartons! Of course I didn't pay her for that.' Expert evidence at the trial established that the value of Sean's property had been increased by $150 as a result of Maryam's work.

3 Advise Maryam on whether there was a contract, and on whether she might be able to make a claim for restitution. This advice should cover her entitlement to any remedies, to the extent they are examinable in Obligations LAWS50026