QUESTIONS

Lisa is organising a surprise party for her grandparents' 50th wedding anniversary. She looks online and finds 'Party Higher J', a professional DJ who is just 17 years old. She emails John and asks him what he charges for his DJ services. John emails back the next day, providing a brochure listing different kinds of services he provides, at different rates. Lisa then replies, saying: 'I am interest- ed in booking a DJ for my grandparents' anniversary celebrations on November 28. Would you be available on that date? It looks like your 'weekend special' package would be most appropriate, because I expect the party to last about 4 hours. But what if we go beyond that time limit? And do you have a good collection of Cuban music? That is their favourite style of music.'

John emails back: 'Yes, I have plenty of Cuban music, and I'm available on 28th Nov. If you want me to stay longer than 4 hours, then I charge $30 per extra hour.' Lisa does not reply to John, be- cause she hears from a friend who is willing to provide DJ services for free. Lisa wants to know whether she can change her mind about hiring John.

Is there an enforceable contract between Lisa and John? (6 marks)

Lisa also needs help in setting up the venue for the party. She sends a text message to her cousin: 'Hey George! I need you to spend a few hours helping me put up balloons and streamers for the party on Saturday.' George replies 'Ok, I'll help you - but what's in it for me? What will you give me in return?'

Lisa texts him again: 'Remember how I helped you with your college assignment last month? That's the payment. It's time to return the favour.' George replied to her: 'I am happy to help and see you soon.' However, on the day, George did not show up because he had to take his friends to the airport.

Is there an enforceable contract between Lisa and George? (4 marks)

2

Lisa wants to arrange a cake for the party. On Sunday she goes into Delish Cakes, a local cake store, and speaks to the owner, Benjamin. Lisa explains that the party is for her grandparents, and will have a Cuban theme. Benjamin suggests a particular style of cake, and Lisa agrees that it would be perfect for the party. Benjamin says that he can specially make some Cuban-style fon- dant cake decorations. Lisa is about to catch a train, so she doesn't have time to finish filling out the order form. She gives Benjamin her details and takes the order form with her, saying that she will return it to Benjamin in the next couple of days.

On Tuesday, Benjamin calls Lisa. She doesn't answer, so he leaves a message, asking for the order form to be submitted. He also says that he will begin making the Cuban cake decorations. Lisa lis- tens to the message but doesn't call Benjamin back. Over the next couple of days she is too busy to complete the form and give it to Benjamin. By the end of the week, Lisa is starting to worry that Benjamin's cake will be too expensive. On Friday she decides that she will simply make a cake herself. She calls Benjamin and tells him this. Benjamin is furious - not only has he spent hours making the Cuban decorations, but because they are unusual he will not be able to use them for any other customers' orders.

Can Benjamin argue promissory estoppel against Lisa? (6 marks)

After the experience with Lisa, Benjamin was worried that his client may go back on their promis- es. He decided to place a sticker on the back of each receipt in his receipt book. He usually fills out receipts for each job and provides them to his clients after each visit. The stickers state: "Cancellation of any future appointment must be communicated in writing at least one week in advance, otherwise the fee for that appointment is payable in full."

Is the statement on the sticker binding on future clients? (4 marks)