Question 1 Case Scenario Last month, Leila paid $500 for a plane ticket from Sydney to attend a family wedding in Brisbane. Leila is terrified of flying, and to help calm her nerves, decided to take a sleeping tablet, and to drink a glass of wine. Unfortunately, the combination of the medicine and alcohol caused Leila to act aggressively toward staff at Sky High Airs check-in desk. As a result, the airline cancelled her ticket and advised that they will refund her the $500. Leila believes Sky High Air breached their contract. The question you must answer for 5 marks: Discuss whether Leila can sue Sky High Air for breach of contract. (Required: Only address Element 1 (Contract Offer) to establish whether a valid contract existed between Leila and Sky High Air)

ANSWER STRUCTURE Question 1: Contract Offer (Element 1) Introduction: To create a valid contract, 4 elements must be proven including, that there must be a valid contract offer Law: According to Carlill v Carbolic Smokeball Co Ltd (Discuss the legal rule for making a valid contract offer. Do not refer to Leila and the airline ticket etc here. Only explain the LAW in the LAW paragraphs) Furthermore, according to MacRobertson Airline v CST (Explain invitations to treat and how they differ from genuine contract offers. Same as above, only explain the LAW in LAW paragraphs) Analysis: Here, just like in the case of MacRobertson Airline v CST, we are told that (Discuss what happened in the case scenario.. was the advertised flight the contract offer or in invitation to treat? If only an invitation to treat, explain why by using the same words contained in the legal rule) Furthermore, based on the rule in Carlill v Carbolic Smokeball Co, this means the offer was made by (Discussion points: If the airlines advertise of the flight was not the contract offer who then made the offer? How do we know that Leila was the one making the offer? We work this out by asking ourselves: Who had the opportunity to accept or reject the offer? Plus, based on the airlines decision to give a refund does this tell us anything about accepting or rejecting the offer? Conclusion: It is clear that (Include the same words used in the essay question to write your conclusion whether a valid contract existed .. & whether Leila sue Shy High Air for breach of contract)